gare:


If you have a brain and you are not baised, you would understand what Metuh is saying, you can't at this substitute another person half way into the election, either it is done before the election. You can't have two governorship candidates for one elections, are you now saying PDP can change its governorship candidates?

What INEC ought to do is to cancel and call for a fresh elections or give it to pdp, this are the lapses in our constitution we ought to look at, not insulting ourselves every now and then

Are You this dumb??giving someone Mandate to PDP ??how do u get comfortable writing this nonsense ??Do ever thought of the implication that may follow if the INEC decide to cancel or announce PDP As winner ??don't you think that will encourage Political assassination in the country.

Those of u who are saying its the party that wins an election and not the candidate should please tell me why governors who win election on the platform of another decamp to another without losing their seat

ShowYourCertificate:
Conduct primaries in the middle of an election? It's not done bro. It contravenes the Electoral Act.

atorr!that's what's up.I thought as much.let's see what happenes.nice info thumbs up

hello my boy...... the INEC BOSS YOU ARE ASKING TO RESIGN made decision mistakes in favour of PDP.... you wanna know why?
firstly and only, the election should never have been inconclusive on all legal grounds but due to the political nature of KOgi state and ethnocentric believes the INEC had to give PDP another chance to succeed and here they are calling for a fresh election.
Our electoral structure is party based and on paper you vote for a party so inec should have declared the APC the winner of the election.

approximately, the APC candidate had over 240,000 votes against the PDP 199,000 votes. dont forget that not all registered voters votes rather accredited ones, therefore the judgement of Inec held that the number of registered voters cancelled was more than the marginal difference.....but have you checked the number of accredited voters for that election?

The APC candidate had constitutionally won over 25% of more than 16 LGA's (two-third majority) The only reason for not declaring him winner is because his deputy assuming the governor's office will raise tensions of political and ethnic brows.......... and INEC just made the case much more complex to favor PDP only if they are still in their senses cos a party flag bearer must have followed the process from the primary till the declaration.

gare:


If you have a brain and you are not baised, you would understand what Metuh is saying, you can't at this substitute another person half way into the election, either it is done before the election. You can't have two governorship candidates for one elections, are you now saying PDP can change its governorship candidates?

What INEC ought to do is to cancel and call for a fresh elections or give it to pdp, this are the lapses in our constitution we ought to look at, not insulting ourselves every now and then

The Nigeria political terrain places more emphasis on the personally of the party's flag bearer more than the political party. The last general election is a clear proof of that as it can be affirmed that people voted for the apc because of Buhari not the other way round. Those that voted for the apc in kogi did so because of Audu so substituting him now would be more or less imposing a candidate on them. for the interest of common good and good conscience it is only right to conduct a fresh election. my opinion

bobosh02:
u re d one who is more biased,if it's given to PDP cos d Apc candidate who is leading died wen d election is ongoing,den it means candidate will start luking for all means to kill dere opponent who is leading dem during d election so dat dey can automatically b declared d winner n on d ballot papers,wat u will see dere re party names and not d candidate name,Apc is still alive,it's d candidate dat died so d election shud b continued n concluded

Ur reasoning makes sense...

gare:


If you have a brain and you are not baised, you would understand what Metuh is saying, you can't at this substitute another person half way into the election, either it is done before the election. You can't have two governorship candidates for one elections, are you now saying PDP can change its governorship candidates?

What INEC ought to do is to cancel and call for a fresh elections or give it to pdp, this are the lapses in our constitution we ought to look at, not insulting ourselves every now and then

You are so wrong, it hurts... Sincerely!

agabusta:


That is not my point and what I looked at.

This issue has to be taken step by step in order to identify where there is lacuna of the law.

As of now, there can not be a fresh poll according to the provisions of the constitution. There is no lacuna or ambiguity in that. INEC according to the constitution cannot cancel the result of a poll it has already announced. That is the position of the law. Death or no death, it stands! All the local government results announced so far stands! The constitution has already bound the hands of INEC in this regard.

So for certain, INEC has to conclude the process. Otherwise any fresh poll conducted will be a nullity.

You are right about the inability to cancel an election that has already commenced. However, an already scheduled election can be cancelled by INEC if one of the party's candidate dies BEFORE the commencement of voting. And since the electoral act was silent on whether election can be cancelled if the candidate dies when voting has commenced, I think INEC could have approached the courts to cancel the elections (one option). This way, no part of the electoral act or the constitution will be violated.

This brings us to the 2nd issue on who now flies the APC card as it has been established that INEC has no option but to conclude the process.

You may be right on your assertion that a fresh primary conducted at this time may be an illegality. That is why INEC in its wisdom did not tell the party how to go about substituting its candidate. INEC merely told the party that the right of substitution belongs to them as they MUST conclude the election process given the provisions of the law.

The ball is now in APC's court on how to take an action that will be in tandem of the law.

In your own opinion as you said, a fresh primary is an illegality, I lean my argument in your direction in this regard as well.

My own opinion is that the Deputy should fly the flag while the party fields the person that emerged runner up in the election as the Deputy.

This will be a win-win situation for the party.

If the court later rules Faleke out of order, he will simply revert to his Deputy Position while the runner up who went in as Deputy takes over as Governor.

I'm glad you see reason with my second option. The Supreme Court had once ruled that both a governorship candidate and his deputy shares the party's joint ticket. On the strength of that ruling, INEC should have continued with the elections with Faleke holding the ticket for APC. If APC wins, the certificate of return should be given to Faleke. The party can chose his deputy BUT ON NO ACCOUNT SHOULD PRIMARIES BE CONDUCTED WHILE ELECTION IS STILL ONGOING. The PDP will have a strong case if this gets to the Supreme Court.

Stoical:
This is my humble reasoning on this issue and please do not attempt to insult me, as I have a right to reason and I ain't quoting you.

The AGF might say what he said because he has to be in the good book of his masters...however, in doing this, he may have misled INEC who is supposed to be independent both in its decision making and actions.
What I see here is that after this unfortunate event, INEC should have made a pronouncement but they remained silence until the AGF spoke. Meaning, they were not sure of what to do, as such need the guidance of AGF and not necessarily their legal team(I might be wrong). As such, they are now seen to be partisan. I felt they should have gone to the court for immediate interpretation cum judicial pronouncement on a matter as this'd which the 2 constitution they are guided with had not envisaged and as such never spoke on.

This case should not be compared with Amaechi's even though it looks so close. The 2 events here are very different. What might make them seem close is the fact that the party is often accepted to be the one that wins and not the individual. But, I'll say that different strokes shouldn't be use for different folks on similar/almost similar scenarios; a case at hand is Gombe election petition tribunal which gave PDP victory to APC on account that PDP primary was not witness by INEC, rather than give PDP a chance to conduct a fresh primary, just as the are giving APC now in Kogi. Smh for Nigeria shaa.
I will want to ask some of us, if they would have voted for APC if Tinubu was its flagbearer (no pun intended). I believe party is a platform, but it is the individual that we all voted for, as such I believe also we will never vote for a party who doesn't present a candidate, even if INEC allows them to stand in for election, reason being that we may not like who they will bring up later...

As for Kogi, with the inconclusive result thus announced, APC/late Audu led and it is understandable when APC insist on substituting its dead candidate. But, would that person be who the Kogians actually would have voted for? A question that begs an answer from Kogians. Well, however it turns out, I feel APC will still win even with a re-run, because the citizens are tired of Wada's method of governance

I just feel that the supreme court may overturn this case or probably uphold it, as they are judges that know better than I do, especially if they are nonpartisan.

Sorry for the long writeup, but I couldn't have summari summarized my point earlier...comprehend and give me your own view...

Well you have some points. Relying on the opinion on the Attorney General is not as bad as you painted it. It is the fault inherent in our system that is making it seem so.

The AGF is that of the federation and not of the APC and the legal opinion of that office on matters is quite very reliable. The major issue here is just that it is the government of the day that selects the Attorney General of the Federation.

The last senate tried to separate the Attorney General of the Federation from the Minister of Justice but GEJ would have none of it, infact he filed a suit against the National Assembly before the supreme court on the matter.

Now going to the supreme court as you said, INEC cannot just approach the apex court for interpretation on a matter. It is an abuse of court process. Parties to a matter cannot just jump at the Supreme court that they need an interpretation.

The person that can approach the supreme court is the AGF and he stated that in his capacity as the AGF the issue is straight forward and does not require any special judicial interpretation.

The next line of action for any dissenting opinion is to go to court. simple

ODUBEZE:
Truly, it is absurd!
Many voted for the candidate not the party. Now that the candidate voted for is gone, a fresh election or the next candidate with the higher score should be ushered in!
AUDU should not be usurped!

It's a wrong premise to assert that everybody voted Audu,which by implication you meant noone voted for party,nor for the Running mate. Please know these-most people vote for their choiced party even when they do not like or know the candidate presented by their party,while some voted for the candidate not party this is where even PDP card carrying member will vote for APC candidate vice versa.So the confusion is how do you sieve those who voted for Audu from those who voted for party ,Running mate,Party Leaders and other motives. Hence,have you seen reason(s) why the party's interest supersedes the candidate's which by implication make the party the owner of all vote cast in elections? That's why when Omehia's of Rivers state Guber election was declared invalid in 2007 and Hon Rotimi Chibuike who never participated in the General Election was awarded ''Omehia's'' vote which by implication was party's vote not his personal vote.

The case of Amachi is a different situation. Amachi was given the votes because he legally won the primaries but was not allowed to contest the election because of internal politics in the party.
What I expected Inec to do in this case is to go Supreme Court for interpretation so no one will feel cheated.
That is how things are done in democratic society.

U are a fool, because u dnt have an idea what the electoral constitution is saying that is why u sit and talk like fool dat u're.

I think this Olisa guy is smoking some special joint. How could something that has no provision in the constitution be unconstitutional?

I think INEC has taken a proper decision on this matter. And it will not be proper to start insulting the AGF or anybody for whatever opinion they gave on this matter. Rather, we should check facts and contents of submitions made by anybody and see the credibility of such opinion and how its application can help to finally lay this issue to rest.

I totally agree with both the AGF and INEC. For instance, the AGF stated three vital points which are not just mere opinion but Nigerian constitutional provisions. He said;

1. That neither the constitution nor the electoral act states that election that is in progress should be cancelled because of a death of a candidate.

2. Rather, section 33 of the electoral act gave political party power to substitute a candidate in a case of death or where the candidate voluntarily withdraw from the election. Which means the party can do that if the event occure either before or during the election. So in this case the APC nominated candidate died and the natural thing to do based on the stated electoral act is for the party to replace him.

3. That section 221 of Nigerian constitution states that in an election, vote cast by the electorates are in favour of political party and not for the candidate nominated by the party. Just like in the case of Amechi vs INEC/Omehia. It goes to say that all the votes casted for APC was to the benefit of the party, and because the party is empowered by the above quoted electoral act to replace a dead candidate, they will simply do so in this circumstance.

so its not INEC or the AGF view that is being applied in this case but that of the provided laws. Unless Metu is saying that those quoted sections are not in our constitution and electoral act, or that there are other sections that countered them, then the best he should do is to state whatever section/s.

But in all of these, one question that is very important that we need to answer is; would anyone have suggested the cancellation of the election if the dead person were any of the candidates that scored insignificant votes?

So PDP wants to capitalize on Audu's death, that is very sad. Its a constitutional problem, let them look at what the law really says

gare:


If you have a brain and you are not baised, you would understand what Metuh is saying, you can't at this substitute another person half way into the election, either it is done before the election. You can't have two governorship candidates for one elections, are you now saying PDP can change its governorship candidates?
What INEC ought to do is to cancel and call for a fresh elections or give it to pdp, this are the lapses in our constitution we ought to look at, not insulting ourselves every now and then

Tell me that you are joking! Go and read the case of Atiku Abubakar and Boni Haruna as a PDP substitute in Adamawa election of 1999 and the case of Suntai of Taraba state where PDP maintained a "statue" as governor for 3 years.

ziccoit:
When you dig a hole for your enemy, don't let it deep; you may be the one to fall into it. PDP actions and inactions in 16years of government are really hunting them. The provisions of constitution and electoral laws are not as deadly as Supreme Court pronouncements on Amaechi case in respect of this matter. There is no way this case is argued that is going to benefit PDP. If they manage to wriggle their ways out of constitution and electoral provision, Supreme Court pronouncements in Amaechi case would definitely catch up with them.

they are completely different. Amaechi's case was even qualified not to be a reference point by the supreme court. Having said this, the case of Amaechi/umehia was that of a conclusive election where pdp won presenting Umehia as candidate while Amaechi challenged that he won the primaries. It was ruled in his favour. Nothing like the sad event of a candidate dying during election ever happened. The election be cancelled and new one conducted. Why are apc people worried if it was the party that was voted for and not the towering personality of Prince Audu? Only Audu could stand up to Wada not APC!

If Abubakar Audu was PDP , they would insist that he can still be the governor even if he is dead. They did exactly that in Taraba State.

seunmsg:




So, you disagree with the legal opinion of the AGF and the decision of INEC. Now, what should be the ideal decision in this matter? It's not just enough to criticise, offer a solution and back it up with relevant sections of the constitution or the electoral act.

There are other ways that it can resolved other than this 'rape' in broad daylight. They only have to go back to their drawing board and come out with something that would keep both parties satisfied.

midep:
Olisa Metuh get a brain and make use of your senses. Individual name is not recognise by law during an Election but the Party hence the need for the substitution of Audu Abubakar name.

Olodo Agbaya. ....

APC wants to do SUBSTITUTION @ 93RD MINUTES OF THE GAME. Who's even the coach?

ShowYourCertificate:
You are right about the inability to cancel an election that has already commenced. However, an already scheduled election can be cancelled by INEC if one of the party's candidate dies BEFORE the commencement of voting. And since the electoral act was silent on whether election can be cancelled if the candidate dies when voting has commenced, I think INEC could have approached the courts to cancel the elections (one option). This way, no part of the electoral act or the constitution will be violated.
I'm glad you see reason with my second option. The Supreme Court had once ruled that both a governorship candidate and his deputy shares the party's joint ticket. On the strength of that ruling, INEC should have continued with the elections with Faleke holding the ticket for APC. If APC wins, the certificate of return should be given to Faleke. The party can chose his deputy BUT ON NO ACCOUNT SHOULD PRIMARIES BE CONDUCTED WHILE ELECTION IS STILL ONGOING. The PDP will have a strong case if this gets to the Supreme Court.

May God bless you for the emboldened.

People voted for the candidate of their choice not the party,hence the candidate is death fresh Election should be conducted.

PDP should go to court and stop making noise.

AnanseK:


Tell me that you are joking! Go and read the case of Atiku Abubakar and Boni Haruna as a PDP substitute in Adamawa election of 1999 and the case of Suntai of Taraba state where PDP maintained a "statue" as governor for 3 years.

stop Misinforming people, those were cases of concluded Elections. Atiku had won and while waiting for inauguration upgraded to running mate of OBJ. It was challenged and later settled by the supreme court that d waiting deputy gov elect be upgraded to gov elect. Nothing like a death in an ongoing election. No one has won therefore no gov elect or deputy gov elect. It is a new experience and canceling the last election and having a new one is the surest way out. The supreme court will be d final decider. Prince Audu contributing to democracy even in death!

seunmsg:




So, you disagree with the legal opinion of the AGF and the decision of INEC. Now, what should be the ideal decision in this matter? It's not just enough to criticise, offer a solution and back it up with relevant sections of the constitution or the electoral act.

I concur with u bro, not just criticising because you are still nursing the wounds as a result of kicking GEJ out, but what did the constitution says

dammytosh:
Eeediots

What was on the ballot paper ?

APC or Audu ?

When Amaechi replaced Omeha after the election Metuh and PDP were on vacation ?

The circumstances are clearly different.

Amaechi contested the primaries, won and was illegally substituted BEFORE the elections by His Royal Highness, Olusegun Obasanjo GCFR. The supreme court held that Amaechi won the primaries and his substitution was illegal and he was validly reinstated knowing that Omehia was a usurper to the throne. If Omehia had lost, it would be the same... Amaechi would have lost because he was the original owner of the ticket NOT Omehia

In this case, Audu won the ticket, contested, and had NOT been declared winner before his sudden death.

INEC ought to re-do the process. However, PDP needs to go to the supreme court for a constitutional interpretation of what should happen.

midep:
Olisa Metuh get a brain and make use of your senses. Individual name is not recognise by law during an Election but the Party hence the need for the substitution of Audu Abubakar name.

Olodo Agbaya. ....

You are the olodo here, if that is the case, then the party could have submitted a blank check...before going for the election and when the party wins they will just put the name of their candidate on it...or you think if audu was in pdp electorate wouldn't have voted for him? Get a life#youneedit

seunmsg:


Give what to PDP? Even Metuh won't make such demand.

The constitution and electoral act are both silent in the event of the present situation in Kogi state. So therefore, it is left for INEC as the umpire to take a decision based on the spirit of the law and what they can infer to be the intention of the drafters of the law. If PDP is not satisfied with INEC's decision, they should go to court.

I believe the AGF should approach the Supreme Court for judicial pronouncement on the way out of the logjam.

According to the PDP, the implication of the decision will be that the APC will be fielding two different governorship candidates in the election, meaning that INEC will be transferring votes cast for late Prince Abubakar Audu to another candidate.

This, it said, were “scenarios that have no place in the constitution of the land.”

sorry oh, Can somebody explain to me what happen in FORMER GOVERNOR AMAECHI AND FORMER GOVERNOR CELESTINE OMEHIA in Rivers state. was Election result of OMEHIA not transfered to AMAECHI. remember AMAECHI did not capaign neither did he participate in the general election? the answer is CAPITAL NO...................

seunmsg:

PDP should go and sit down. They've lost the election already, so, what are they saying? They disagree with the legal opinion of the AGF and the decision of INEC but failed to offer their opinion on what should happened considering the legal quagmire that followed Audu's death.

Anybody or party that is not satisfied with INEC's decision should simply go to court. No need for any long story.

with post like this no body will tell you that THIS ONE NO GO SCHOOL.

gare:


If you have a brain and you are not baised, you would understand what Metuh is saying, you can't at this substitute another person half way into the election, either it is done before the election. You can't have two governorship candidates for one elections, are you now saying PDP can change its governorship candidates?

What INEC ought to do is to cancel and call for a fresh elections or give it to pdp, this are the lapses in our constitution we ought to look at, not insulting ourselves every now and then

If that is the case .. Why then did Tribunal gave APC winner of Taraba State election .. Saying that PDP candidate was not the winner of the primary election .. I think I believe PDP on this one .. The inec chairman should cancel the election or give it to PDP because the main man is gone and will never come back for rerun.