THE LAW AND POLITICS OF KOGI STATE GUBERNATORIAL ELECTION

The fact is that election was still ongoing as at the time of death of Audu Abubakar (results having not been announced). Thereafter the elections, INEC declared the elections inconclusive not because of the death of Audu Abubakar but because of the obvious disparity between the number of registered voters in 18 LGA and the number with which Audu is leading. Now if the reason given by INEC is tenable, Faleke couldn't be said to have ran for the gubernatorial election being a mere running mate. In that case, APC was legally right in substituting Audu Abubakar(not Faleke) with Yahaya Bello and it doesn't lie in the mouth of Faleke to insist that his party must adopt him. But if INEC was wrong in declaring that election inconclusive, then Faleke stands a very slim chance of succeeding in the court if and only if a broad interpretation of the Electoral Act will be applied in this case. However, if that is not applied, he is bound to lose on the premise that he was never a candidate of that election and in that circumstance, Idris Wada (current governor) may be declared the winner by the court. Faleke is obviously basking in the hope that being a running mate of a supposed winner, he ought to have been declared the winner( how can). Whichever way the pendulum swings to, I don't believe Faleke was entitled to be declared the Governor. However my worry began when I saw Wole Olanikpekun SAN representing Faleke at the court, I was worried not because of the reknown legal prowess of Wole Olanikpekun but because of Wole's closeness to APC National Leader Tinubu. My legal observation which I knew was on point with the common principles of law and the obvious provisions of the Electoral Act was suddenly faced with the politics of the law, I was then forced to summarize my permutations on two points. One, going by the legal aspects of the law, Faleke is a goner. Two, going by the politics of the law, Faleke is the winner.

-Lawrence C. Nnoli Esq