yommen:


How did Jonathan become president? Not similar? Did anybody raise eyebrow? Or are there not indigenous Yoruba people in Kogi? Can't they governor?

Its not similar cos Abubakar Audu(late) has neither been declared the winner by inec nor has he & his deputy been sworn in by the Chief Judge of the state as such.

Sincere4u:
This is what you get when a party keeps deceiving the people with change mantra....change-change-change everywhere yet all it does is to keep fielding same very old crop of politicians that had been ruling and embezzling public funds since time immemorial.

You are just a retard.

Alphaoscar:
@ op, I beg to disagree because the part of the constitution you quoted clearly state that before the commencement of the election but in kogi state's case

1. There is a legally conducted election

2. Even the dead candidate voted and his vote was counted


3. More than 90% of the election is conducted already


4. And don't forget the candidate and his deputy contested on a joint ticket and thank God the other partner on the ticket ( faleke) is alive and well

5. The votes were voted and recorded for the party and not in the candidate's name.

6. The election to be conducted is just a supplementary election which can never void the main election.


7. election been inconclusive is not same as been invalid.

cc: adaweezy , tonyebarcanista , gbawe , Ngeneukwenu .

Unfortunately on the decision of PDP vs INEC a 1999 decision of the Supreme Court where the court held that they swim or sink together at the stage of contesting the election. They however have different right after a declaration. Unfortunately at this point there is no declaration and Nigeria will have to spend more money to conduct another election.
This matter is however a novel area of Law that may produce a pronouncement from the courts.

speak2leo:
Let's see how d lawyers and lairs go abt this.
the best in his act wins sha!
but this surely requires immediate solution!

I may not cherish the comparison.

limamintruth:



Unfortunately this doesnt apply to 'marigayi' Abubakar Audu's case.

"SECTION 36 - Death of a candidate - (1) If after the time for the delivery of nomination paper AND BEFORE THE COMMENCEMENT OF THE POLL, a nominated candidate dies, the Chief National Electoral Commissioner or the Resident Electoral Commissioner shall, being satisfied of the fact of the death, countermand the poll in which the deceased candidate was to participate and the Commission shall appoint some other convenient date for the election within 14 days."

the section you are quoting clearly says before the commencement of the poll but the candidate voted and his vote was counted . the rescheduled election is not a fresh election but the continuation of the one already conducted.

banky222:
l hope Gbenga Arulegba will assemble some seasoned lawyers tomorrow to tell us d position of the law.

As a layman who do not even have a copy of the constitution, I think the guy who came second in the Apc primary election
will be the next candidate of the party.

In any case, AIT and Channels will help me out tomorrow.

That guy's programme is the only balance politically programme AIT does. Is for everybody and for nobody.

noeloge82:
The thing is this since the Election is between political parties and not individual the APC will either adopt d runing mate to be their governorship candidate or they will replace him with another but I see the PDP lawers aurging that the personalty that contested on the party platform also forms a basics for Election victory
But at the end supreme court will jugde

It happen before but not death, In river state, Omehia contested and win the election but Ameachi will in court and they are under same party then PDP.

bakila:

Nope, there is a Law. The decision of the Supreme Court in PDP VS INEC in 1999 regarding Atiku Abubakar and Boni Haruna, their must be fresh nomination. Falake stands disqualified

In the case u sighted, here is an excerpt i got here on nairaland:

According to what I read/was told by my
Uncle [cus I was not that matured politically
then], Boni Haruna was Atiku's running mate
during the 1999 Guber. polls in Adamawa.
And Atiku had already won the election when
OBJ asked him to be his running mate. So,
Boni Haruna being his running mate was
called upon to take over from him. Note that
he [Atiku] had neither been sworn-in nor
taken an oath of office. It can also be said
that Boni Haruna governed Adamawa for the
stipulated period of 4yrs,

englishmart:
what If he dies again?

Then they adopt another one until the one wey im otumokpo (jazz) strong reach go survive.

kel4soft:


Election has already been held. But in the Haruna's case it was prior to the election.

Nope, the reverse is the case. Here election is inconclusive, while in Haruna their was a declaration and Certificate of Return issued to Atiku Abubakar and Boni Haruna as Governor and Deputy Governor respectively.

bakila:

Unfortunately on the decision of PDP vs INEC a 1999 decision of the Supreme Court where the court held that they swim or sink together at the stage of contesting the election. They however have different right after a declaration. Unfortunately at this point there is no declaration and Nigeria will have to spend more money to conduct another election.
This matter is however a novel area of Law that may produce a pronouncement from the courts.

So what happens to the constitutional time limit by which a party must nominate his candidate before an election?

I think the running mate should be sworn in based on the fact that the election process have commenced before his death, invalidating the votes cast is wrong because he wasn't the owner of the mandate but the party

englishmart:
what If he dies again?

Then they should adopt you....

bakila:

Nope, the reverse is the case. Here election is inconclusive, while in Haruna their was a declaration and Certificate of Return issued to Atiku Abubakar and Boni Haruna as Governor and Deputy Governor respectively.

Was the Certificate of Return given to the Deputy?

Alphaoscar:
@ op, I beg to disagree because the part of the constitution you quoted clearly state that before the commencement of the election but in kogi state's case

1. There is a legally conducted election

2. Even the dead candidate voted and his vote was counted


3. More than 90% of the election is conducted already


4. And don't forget the candidate and his deputy contested on a joint ticket and thank God the other partner on the ticket ( faleke) is alive and well

5. The votes were voted and recorded for the party and not in the candidate's name.

6. The election to be conducted is just a supplementary election which can never void the main election.


7. election been inconclusive is not same as been invalid.

cc: adaweezy , tonyebarcanista , gbawe , Ngeneukwenu .

So in other words, Tinubu's man will become governor.... Lol

Alphaoscar:
@ op, I beg to disagree because the part of the constitution you quoted clearly state that before the commencement of the election but in kogi state's case

1. There is a legally conducted election

2. Even the dead candidate voted and his vote was counted


3. More than 90% of the election is conducted already


4. And don't forget the candidate and his deputy contested on a joint ticket and thank God the other partner on the ticket ( faleke) is alive and well

5. The votes were voted and recorded for the party and not in the candidate's name.

6. The election to be conducted is just a supplementary election which can never void the main election.


7. election been inconclusive is not same as been invalid.

cc: adaweezy , tonyebarcanista , gbawe , Ngeneukwenu .

Seconded

Naff24:
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.

that's the position of the law-the grand norm.

lummyguy:

In the case u sighted, here is an excerpt i got here on nairaland:

According to what I read/was told by my
Uncle [cus I was not that matured politically
then], Boni Haruna was Atiku's running mate
during the 1999 Guber. polls in Adamawa.
And Atiku had already won the election when
OBJ asked him to be his running mate. So,
Boni Haruna being his running mate was
called upon to take over from him. Note that
he [Atiku] had neither been sworn-in nor
taken an oath of office. It can also be said
that Boni Haruna governed Adamawa for the
stipulated period of 4yrs,

He ruled for 8years

lummyguy:

In the case u sighted, here is an excerpt i got here on nairaland:

According to what I read/was told by my
Uncle [cus I was not that matured politically
then], Boni Haruna was Atiku's running mate
during the 1999 Guber. polls in Adamawa.
And Atiku had already won the election when
OBJ asked him to be his running mate. So,
Boni Haruna being his running mate was
called upon to take over from him. Note that
he [Atiku] had neither been sworn-in nor
taken an oath of office. It can also be said
that Boni Haruna governed Adamawa for the
stipulated period of 4yrs,

That is note from the case. The Judges who decided the case at the Supreme Court Uwais CJN with whom Wali, Kutigi, and Ayoola justices of the Supreme Court were not informed by their uncles. Ogundare, Uwaifo and Muhammed who dissented were judicially and politically matured when they all delivered that judgement.

NgeneUkwenu:


Was the Certificate of Return given to the Deputy?

Yap.

NgeneUkwenu:


You are so on Point! If INEC should stop the election, they will be creating bigger constitutional problems than the present one!

There is no way INEC can stop the election because it is not a fresh election but the continuation of the main election and I wonder how an election to be conducted in less than 10% of the area of the state can invalidate the main election.



If APCs 41,000 leading vote can't make INEC declare Audu as the winner can election to be conducted in an area with about 49,000 voters invalidate the one conducted in the wider area.

Alphaoscar:




the section you are quoting clearly says before the commencement of the poll but the candidate voted and his vote was counted . the rescheduled election is not a fresh election but the continuation of the one already conducted.

And that was why I stated that the said section(as quoted by the O.P) does not apply to Abubakar Audu's case. Its obvious you didnt understand my post; lol.

The only viable & legally appropriate alternative is for inec to cancel the whole election, fix a new date for a fresh election & give apc a short period of time within which to chose(& submit to inec the name of) a new governorship candidate for the party.
This is the only acceptable way out.

bakila:

That is note from the case. The Judges who decided the case at the Supreme Court Uwais CJN with whom Wali, Kutigi, and Ayoola justices of the Supreme Court were not informed by their uncles. Ogundare, Uwaifo and Muhammed who dissented were judicially and politically matured when they all delivered that judgement.

Please educate us on d rulings... we are laymen in our little wisdom our sabi Learned bros

Alphaoscar:




the section you are quoting clearly says before the commencement of the poll but the candidate voted and his vote was counted . the rescheduled election is not a fresh election but the continuation of the one already conducted.

Haba bros, you want INEC to conclude the election with a dead man on their nomination forms. what will the FORM EC8e reflect?

Alphaoscar:
@ op, I beg to disagree because the part of the constitution you quoted clearly state that before the commencement of the election but in kogi state's case

1. There is a legally conducted election

2. Even the dead candidate voted and his vote was counted


3. More than 90% of the election is conducted already


4. And don't forget the candidate and his deputy contested on a joint ticket and thank God the other partner on the ticket ( faleke) is alive and well

5. The votes were voted and recorded for the party and not in the candidate's name.

6. The election to be conducted is just a supplementary election which can never void the main election.


7. election been inconclusive is not same as been invalid.

cc: adaweezy , tonyebarcanista , gbawe , Ngeneukwenu .

Thanks I don't know why people choose ignorant path nowadays

clefstone:
I thought those guys(e.g lasisi) that comment with 'end time' r childish. But with the way tins r turning out in this world now, it's fair to tag the Kogi election as:



END TIME ELECTION

NAIRALAND HAS PRODUCED MORE COMEDIANS THAN ANY OTHER WALAHI

bakila:

Yap.

How? By INEC?

[quote author=kel4soft post=40304908] That name must be Ringing Bell in yur Medulla Oblongata so d missup

nwakibe:
The question is 'who is going to replace him at the pol?' will APC conduct a fresh primary election or will the running-mate replace him?

i think its either the running mate takes over or the person that came second during the primary elections of the party

adanny01:


The Audu's Deputy governorship candidate is just the substantive governor awaiting his confirmation by INEC. There is no way INEC can stop the process since the electoral law mentioned the period after nomination and before election.

The only way to stop his declaration is if Wada wins the remaining units which elections is planned to hold. There is no way Wada can win all the votes and have a simple majority over APC with the remaining wards. APC wont let it happen.

The funniest thing was i never wanted neither Audu nor Wada as Kogi governor but fate made it so.

Concerning d bolded, God works in mysterious ways.

englishmart:
what If he dies again?

this guy no just well