It's no news again as regard the death of APC aspirant in today inconclusive election in Kogi state.

Unfortunately I doubt if Nigerian constitution would ever envisage this tragic occurrence.


Here's what the constitution says;


Relevant Sections of Constitution and Electoral Acts on Death of Candidate.A)
Electoral Act Section 33

Parties changing Candidates

No Political Party shall be allowed to change or substitute its candidate whose name has been submitted pursuant to Section 32 of this of this Act, except in the case of death or withdrawal by the candidate

B)
Electoral Act 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


C) Electoral act section 112

Death of Chairman before taking oath

1) If a person duly elected as Chairman dies before taking and subscribing to the Oath of Allegiance and Oath of Office, the person elected with him as Vice chairman shall be sworn in as Chairman who shall then nominate and with t-- he approval of a majority of the members of the Area Legislative Council appoint a new vice chairman. (2) Where the Vice new Vice-- Chairman is appointed from among the Councilors as the Chairman, the Commission shall conduct a bye vaca nt seat created in the Ward from which the new Viceelection to fill the Chairman has been appointed. (3) Where the persons duly elected as Chairman and ViceChairman of an Area Council die before taking and subscribing the Oath of Allegiance and Oath of Office during which period the Area Council has not been inaugurated the Commission shall within 21 days conduct an election to fill the vacancies


D)

Constitution Section 181

Death of a Governor Elect

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.

Please we need more enlightenment from the lawyers in the house in this case.

Unfortunately, the 2nd provision you quoted said "duly elected" and in this case Audu is not yet pronounced elected as he was never returned hence section 112 still subsists.


Inconclusive election gives no mandate to any contestant.

definitely there must be a shift from "Kogidecides" to "Courtdecides"

Audi was not elected so I expect a fresh election or a supreme court judgement

But the election was inconclusive

Confused constitution

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.

INEC should declare APC the winner while the deputy governor candidate should be swear in as the governor. PDP should go to court if they don't agree with INEC but I think they will lose in court because the deputy governor was duly elected

Ezenwammadu:
Audi was not elected so I expect a fresh election or a supreme court judgement

but the deputy governor of APC was duly elected

Fresh election!

Raiders:
INEC should declare APC the winner while the deputy governor candidate should be swear in as the governor. PDP should go to court if they don't agree with INEC but I think they will lose in court because the deputy governor was duly elected

I call it CONSTITUTIONAL confusion