Since the constitution didn't envisage this situation, then i think whatever decision is taken by INEC, can be challenged at the courts. This case could go up to the supreme court.

ValerianSteel:
Since he was not declared winner the deputy can't be called the governor-elect,but however,A fresh election would still be conducted,it is left within the party to decide who they drop as their candidate.If APC wants they may retain Faleke the running mate to fill in for the governorship post or choose a new person,that's left with APC to decide in Kogi.

Ah [size=18pt]both the PDP and APC candidates are both Igalas,(igalas are a self imposed majority of the Kogi which comprises of igala, igbirra and Yoruba Okun) they have been ruling Kogi from inception 25 yrs(1991-date), and this particular sec 181 calculation does not favour them, the igalas in APC will put their votes for PDP Wada thats The truth that you need to know,,,,, that both the APC and the PDP igalas who are the majority in Kogi will chose to consolidate to retain thier rulership will want Wada of PDP to remain, and then later put in their candidate[/size]

No Law in Nigeria provides for this scenario,. Its a Lacuna in our Constitution and Electoral Act , therefore whatever anybody is saying on this scenario is just an expression of his or her personal OPINION.

Phame:
This is painful.
What does the constitution say in a case that the election was declared inconclusive and supplementary elections ordered? Can a dead man contest in a suplementary election?

at the bolded, no sir, but his party can and will

They will conclude the election and if he wins, deputy takes over!

I agree with the post on Section 36, fresh elections would be conducted, APC would have to appoint a new candidate within ample time.

Lawyers in d house welcome

Adewummy007:

The number one is out because he was not declared winner of the election. The election was inconclusive. So number two will take effect

but he got the highest vote.

This case could go up to the supreme court.

seunmsg:



The main election was conducted yesterday. The supplementary election is just an addition to the main election that was held election. And, since the results of yesterday's election have been announced by INEC, they can no longer be invalidated. The votes cast yesterday remains valid until a court of law says otherwise. All that INEC can do now is to conclude the process and announce the party that won. PDP can then approach the court if they are not satisfied.

Bro, are you telling us your opinion or what the law says? There is a lacuna in the law and inec needs direction on which way to go. INEC cannot conclude the election without a substantive candidate. the case of Amaechi v inec precipitated the amendment of the Electoral Act in 2010 to the effect that it is not the party that goes into an election but the party and the candiate jointly, you cannot remove one from the other. so it is not as simple as you think and the run-off cannot be held without a candidate in place

seunmsg:



The main election was conducted yesterday. The supplementary election is just an addition to the main election that was held election. And, since the results of yesterday's election have been announced by INEC, they can no longer be invalidated. The votes cast yesterday remains valid until a court of law says otherwise. All that INEC can do now is to conclude the process and announce the party that won. PDP can then approach the court if they are not satisfied.

. The news says dat APC "candidiate" is reported dead. He is stil a candidiate, even if inec says he has d highest number of votes. As long as he has not been declared winner, he is not d winner yet. Also remember a suplementary election was outstanding. So bro constitutionaly if a candidiate dies durin election. Inec wil giv d party 3months to raise anoda candidiate and fresh election wil be conducted.

It is immature, manipulative and lugubrious to take such a position as proclaiming the candidate in an election which its umpire declared inconclusive as Elected. The section of the Constitution being widely abused which I quote says:

section 181 - (1) If a person duly elected as Governor dies before taking and subscribing the Oath of Allegiance and oath of office, or is unable for any reason whatsoever to be sworn in, the person elected with him as Deputy governor shall be sworn in as Governor and he shall nominate a new Deputy-Governor who shall be appointed by the Governor with the approval of a simple majority of the House of Assembly of the State.

(2) Where the persons duly elected as Governor and Deputy Governor of a State die or are for any reason unable to assume office before the inauguration of the house of Assembly, the Independent National Electoral Commission shall immediately conduct an election for a Governor and Deputy Governor of the State.

The arising question is; was Cheif Audu DULY ELECTED be fore he died?Going by the constitution and the Electoral Act of the Federal Republic of Nigeria as ammended, the only authorised body who can convincingly answer that question is the INEC and in this case, it says the Election was Inconclusive. So whose duty is it to reverse that? Would the PDP State House of Assembly Members under Captain Wada approve Hon. Faleke's nomination as provisioned by the same Law heis standing on if he was declared winner and went ahead to chose a deputy? The onus was left to leadership of the party to arise to the prevailing cirmcumstances and conclude the election fulfilling all requirements for its conclusion.
It has pleased the leadership of the party to nomimate Yahaya Bello to step into the ticket of the party for the Guber Seat which was in contest, all other matter subsequently should be sent to the Election Petitions Tribunal and not pages of News Papers.

Amidst the ongoings, I salute the courage of Honourable Faleke particularly with his guts to drag the Party before the Tribunal. He on the other hand should be prepared to account for how he managed to be repsenting Ikeja cosnstituency of Lagos State at the Federal House of Assembly and at The Same time the Governor-Elect of Koggi State. Further questions would be, does the the law permit him to Vote in Koggi with Lagos Registered Voters' Card? or Was it the Voters' card of Koggi his tool for the Seat which he currently occupy in the house of assembly? Could he become a Governor of a State where he is not registered? I guess all concerned parties would have their day in court.
However, it will only be in the best interest of everyone, our nascent democracy and for the sake of Sanity,for all directly or inderectly concerened to allow the law take its due cause and quit innuendos and hypotheses that are capable of distabilising the polity.

DO, Lagos, Nigeria.