HIGHESTPOPORI:
So its now d party dat wins elections,but for Taraba,Apc said PDP didn't have a candidate? Hypocrites

Seems the No 1 word in you wailers' meagre lexicon ids the word hypocrite ?? ... Try & come up with new words, shouldn't be that hard, since you all refer to anyone that doesn't toe your almost non existent line of thoughts as Zombie... Bunch of KNOW ALLS..

To the subject matter; Taraba & Kogi are not one & same, they are both different scenarios, but i wouldn't expect you to know that since your opinion is predicated on hate & mischief...

Don't bother to respond, already delivered my message.

Emyemyberry:
Mtcheeeeew

the election was declared inconclusive
in as much as apc was leading,does not mean it can not be overturned with the supplementary election by the pdp,

not matter how we argue this,the lacuna that apc was not declared winners can not be covered by any constitusional misintepretation.

one certainty is that there is going to be a fresh poll,and apc will have to present a fresh candidate.

i think am better than this festus keyamo of a guy

...how can you be better than Keyamo when you did not cite any section of the Nigerian constitution to back up your beer parlour politics? You just gulp out those "mama put" talk. The constitution of a country will always prevail,not street talks....

Filmewell:
this man is apc.

...yes,learned people are APC members....

20pounds:
Everyone has his interpretation cos the situation poses a legal lacuna.

We should get some things clear;

1. Abubakar Audu, until his death was not a Governor-elect, but a candidate in an election.

2. The kogi gubernatorial elections is on-going and has not been concluded, even as I type this. There is no winner yet, until declared by INEC.

What I think will apply in this situation is:

The Courts will hold that independent candidacy is unknown to our laws and the vote for Audu is a vote for APC, but since the law did not envisage this situation, APC cannot nominate a fresh flagbearer as provided by S. 33 of the Electoral Act.

The courts will have to make a pronouncement that will serve as a guide and law in this instance. Either to;

1. Ask the running mate of the Flagbearer to continue with the ticket. Or;

2. Declare votes casted for the APC as wasted votes by virtue of their candidate's diqualification by death.

The erroneous belief by many that INEC will ask APC to nominate a fresh flagbearer is wrong and unknown to law, neither can INEC call for fresh elections because a candidate in an election died.


My opinion is that APC candidate has been diqualified by death and they do not have a candidate in the election. Though he has the highest number of votes until his death, he was still a candidate and the election has not been concluded. This is trite law.

Beautiful analysis I must say. But, are you aware that the electoral act and maybe the constitution recognises "joint ticket"? If yes, don't you think that since a "pivotal partner"(Audu) in the partnership is no more, the flag should automatically move to his "joint partner"(Falake) pending the ratification or other wise of the Board of directors(the party - APC)?

Udopasa:
Beautiful analysis I must say. But, are you aware that the electoral act and maybe the constitution recognises "joint ticket"? If yes, don't you think that since a "pivotal partner"(Audu) in the partnership is no more, the flag should automatically move to his "joint partner"(Falake) pending the ratification or other wise of the Board of directors(the party - APC)?

I do understand that sir, but don't forget that Abubakar Audu has not been declared winner, neither has the election been concluded. He is still a candidate.

The Electoral Act is succinct(S. 33 Electoral Act) that where a candidate dies in an election, the party will nominate another person within 14 days. If Faleke is asked to step into Audu's shoes by virtue of 'joint ticket' and not a nomination by the party; it will be a clear breach of this section of the Electoral Act. If this happens, every running mate will lay claim to the ticket once the flagbearer dies, thereby making nonsense of the Electoral Act.


It will be a hard decision to make but their Lordships will do justice to this matter.

madridguy:
APC Tinubu

WINNER

Fixed it for you

20pounds:


I do understand that sir, but don't forget that Abubakar Audu has not been declared winner, neither has the election been concluded. He is still a candidate.

The Electoral Act is succinct(S. 33 Electoral Act) that where a candidate dies in an election, the party will nominate another person within 14 days. If Faleke is asked to step into Audu's shoes by virtue of 'joint ticket' and not a nomination by the party; it will be a clear breach of this section of the Electoral Act. If this happens, every running mate will lay claim to the ticket once the flagbearer dies, thereby making nonsense of the Electoral Act.


It will be a hard decision to make but their Lordships will do justice to this matter.

Hmm... It's indeed a very complex situation. But in any case, Ì think Falake will be asked to step into the shoes of Audu(based on joint ticket) while the party nominates a running mate for him. Well, let their lordhips decide. I just hope it will be dispensed with as soon as practicable so as not to further compound the ish.

I disagree with Kayemo, APC should nominate the person who scored the highest next to Audu at the primaries to contest the elections. Those who killed Audu should not benefit the outcome thereof. KOGI people should reject killer's squad and vote another Not Fakeye. The killers miscalculated.

I was born and bred in Lagos Nigeria. i am over 30 but swimming in poverty. i attended a university in Ogun state but i dropped out due to the loss of my mother who happened to be my sponsor back then. My father died before i was 4years old so i had no one to fall back on. I am the only child and life has been so cruel to me. I have no job at hand. My fathers family has taken possession of his property at Agege Lagos because they insist my mother had me for another man due to stories i'm hearing for the first time since my parent's demise. The story of my life is so wide, bitter and depressing. The moral of my epistle is that i need a casual job to survive. I am contemplating suicide at the moment and i almost drank sniper insecticide today. This is my last attempt at survival before i do the needful on my existence. Nairalanders please help me find any legal job be it unskilled labour. I have tried and tried but to no avail. Pardon me for been incoherent. I am a depressed soul waiting to see if my life can have a second chance.

This is not fraud nor scam. if you really want to know how real my story is kindly send me a private message.

simplycarro:
Anyone that thinks APC will forgo a massive 40,000 plus advantage must be smoking the most potent weed in the world.

my bro..I dey tell you...if na you will you forgo that...if na me...na to die there o....I trust APC sha.....court cse nasmall things for them

APC and Audi's family should return the 11bn naira that Audi stole....

Busolami2015:


Cc lalasticlala

Compiled by :http://streetgist.com/legal-implications-of-audu-abubakars-death-festus-keyamo/

Correct! Except APC wants to shoot self in the leg. Let's hear the Supreme Court!

Seee guys what the expert is saying is that atiku was nominated but audu has not yet being called the winner so another fresh election.so what do you think?

Keyamo is clearly the best lawyer in Nigeria for now. Election conducted and result announced whether it is inconclusive doesn't count

modath:
PDP folks are just hoping against hope..

If the death announcement had come before the announcement of a partial result, they would have had a reason to be hopeful..

A supplementary election is all that is in the offing, anyone believing what the lawyers sympathetic to PDP are positing is just living in delusion..

APC hs two choices, allow Faleke to go on & become the governor or choose from one of the guber primary contestants...

Sentiments is flying all over Keyamo's postulations. You last paragraph summerised the matter 75% percent. The other 25% is the possibility of an election, because the certificate of return of is issued based on a Form EC8e that has the name of the Governorship candidate not his running mate and his party. Faleke was not the Governorship candidate but the runing mate.
PDP will still not win Kogi anyday anytime= my hope and view.

Busolami2015:


Cc lalasticlala

Compiled by :http://streetgist.com/legal-implications-of-audu-abubakars-death-festus-keyamo/

New Nairalander in the house! click like if I'm welcome and share if I'm not

20pounds:
Everyone has his interpretation cos the situation poses a legal lacuna.

We should get some things clear;

1. Abubakar Audu, until his death was not a Governor-elect, but a candidate in an election.

2. The kogi gubernatorial elections is on-going and has not been concluded, even as I type this. There is no winner yet, until declared by INEC.

What I think will apply in this situation is:

The Courts will hold that independent candidacy is unknown to our laws and the vote for Audu is a vote for APC, but since the law did not envisage this situation, APC cannot nominate a fresh flagbearer as provided by S. 33 of the Electoral Act.

The courts will have to make a pronouncement that will serve as a guide and law in this instance. Either to;

1. Ask the running mate of the Flagbearer to continue with the ticket. Or;

2. Declare votes casted for the APC as wasted votes by virtue of their candidate's diqualification by death.

The erroneous belief by many that INEC will ask APC to nominate a fresh flagbearer is wrong and unknown to law, neither can INEC call for fresh elections because a candidate in an election died.


My opinion is that APC candidate has been diqualified by death and they do not have a candidate in the election. Though he has the highest number of votes until his death, he was still a candidate and the election has not been concluded. This is trite law.

Spot on

dj187:
.

Pls come and fill your space. The post has reached front page

Oga lawyer be informed that INEC have declared the election inconclusive, so there is no way Audu's deputy can become the governorship candidate. The party APC will have to present a fresh candidate and there is going to be a re-run election. No grammar and don't complicate already complicated matter bros Festus

Emyemyberry:
Mtcheeeeew

the election was declared inconclusive
in as much as apc was leading,does not mean it can not be overturned with the supplementary election by the pdp,

not matter how we argue this,the lacuna that apc was not declared winners can not be covered by any constitusional misintepretation.

one certainty is that there is going to be a fresh poll,and apc will have to present a fresh candidate.

i think am better than this festus keyamo of a guy

Are u an Igala guy??

Fresh pool ko, dry pool ni

oshyno:
Wada don win be dat. igala wey be like hausas. They only vote their own even if na dunde. And believe me they can pull 41k votes to overturn the Apc lead.

Faleke was imposed on Audu by Tinubu, and from the news that lagos was agog by Audu's demise, even APC igalans will teem up with wada to make sure Faleke doesn't rule them. Days ahead will be soo interesting.

did u see that all the local government had below 50 turn up of accreditation, that 49,000 would trickle down enmass in turn up, and u dont expect apc nt to get at least 30% as the dakina first showed.

May the soul of Prince Abubakar Audu rest in peace. However, while, the camp and family of Audu mourns, there are lots of others who are smiling in secret. Knowing favour had come there way. For legal implications, let the Supreme Court decide.

modath:
PDP folks are just hoping against hope..

If the death announcement had come before the announcement of a partial result, they would have had a reason to be hopeful..

A supplementary election is all that is in the offing, anyone believing what the lawyers sympathetic to PDP are positing is just living in delusion..

APC hs two choices, allow Faleke to go on & become the governor or choose from one of the guber primary contestants...

SIMPLE AS ABC

This guy is an ass. Is he aware that the election is inclusive by INEC hence Audu is not deem elected Mumu lawyer thinking through the anus of APC

This I think will only happen if INEC cancels the current election and conduct a fresh poll. Becos like keyamo said Faleke have an equal ownership of the Vote casted in the current election.

Emyemyberry:
Mtcheeeeew

the election was declared inconclusive
in as much as apc was leading,does not mean it can not be overturned with the supplementary election by the pdp,

not matter how we argue this,the lacuna that apc was not declared winners can not be covered by any constitusional misintepretation.

one certainty is that there is going to be a fresh poll,and apc will have to present a fresh candidate.

i think am better than this festus keyamo of a guy

Common sense tells me that the APC in Kogi will ever allow Faleke to take over. No body voted for him. People voted for Audu because of Audu and not for the appendage called Faleke. Despite what the legal implications may be, I cannot see the APC in Kogi backing Faleke to take over in case fresh elections are called.
This is a whole new scenario for us all. Keyamo is guessing like everyone else. INEC and the courts will decide what to do next. I think that INEC as the umpire here has an upper hand. INEC will first make a decision before anyone decides to go to court or not. My humble suggestion is that INEC should conduct a fresh election with a fresh candidate nominated by the APC. Faleke's joint ticket with Audu, died with Audu. The election was not concluded.

Fresh poll is the only sensible option.

Emyemyberry:
Mtcheeeeew

the election was declared inconclusive
in as much as apc was leading,does not mean it can not be overturned with the supplementary election by the pdp,

not matter how we argue this,the lacuna that apc was not declared winners can not be covered by any constitusional misintepretation.

one certainty is that there is going to be a fresh poll,and apc will have to present a fresh candidate.

i think am better than this festus keyamo of a guy

Lol. But he never declared APC the winner.. He just said the deputy should be inserted as the front runner for APC.. His first sentence said the election was inconclusive.. Both of you are saying the same thing

oshyno:
Wada don win be dat. igala wey be like hausas. They only vote their own even if na dunde. And believe me they can pull 41k votes to overturn the Apc lead.

Faleke was imposed on Audu by Tinubu, and from the news that lagos was agog by Audu's demise, even APC igalans will teem up with wada to make sure Faleke doesn't rule them. Days ahead will be soo interesting.

Lagos was agog?you are there in your village typing shit about what's happening in lagos right?...continue