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Kogi State APC Running Mate Cannot Replace Him - Politics - Nairaland

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Kogi State APC Running Mate Cannot Replace Him by irepmyuniben: 9:56pm On Nov 22, 2015
This is a landmark case in the history of Nigeria. A candidate duly nominated and sponsored by a political party have died during an inconclusive election. The provision of Section 36(1)of the Electoral Act 2010 is inapplicable because the law contemplates death before the commencement of the poll.
There is also a difference between a Governor-Elect and a candidate whose election has not been concluded as contemplated by the constitution to qualify for replacement.

The provision of the Constitution of the Federal Republic of Nigeria and the Electoral Act may not have contemplated the possibility of the death of a candidate during a near concluded election. The silence of the Law cannot be construed as Regularising and elevating the status of the Late Governorship flag bearer of the All Progressives Congress and while we await the decision of the Independent National Electoral Commission and subsequent decision of the Tribunal in interpreting an unknown law.

I challenge anyone to provide statutory provision or court decision negating this assertion

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Re: Kogi State APC Running Mate Cannot Replace Him by azimibraun: 10:01pm On Nov 22, 2015
I said it's Fate acompli for the APC and I was shut down. The deputy in my own opinion and common sense never ran for governorship of the state becouse he was never duely elected in any party primaries to qualify him. I know it's only upon swearing in of the Governor that the deputy becomes governor in a situation of death or incapacitation but before an election as in this situation, I don't think he can get what he ddint run for. This has a pre/post election situation to it. For now the APC should accept their fate and the party and candidate with the second highest vote should be declared winner. May be now or after the supplementary. No law on this situation, so no case in this situation.
Re: Kogi State APC Running Mate Cannot Replace Him by dustmalik: 10:05pm On Nov 22, 2015
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.

People's opinion i have been reading online are just what they wish to happen. no one can confidently say anything authoritatively.
Re: Kogi State APC Running Mate Cannot Replace Him by PRYCE(m): 10:13pm On Nov 22, 2015
I thinks our courts should interpret the relevant sections of the constitution!
Re: Kogi State APC Running Mate Cannot Replace Him by tpiadotcom: 10:20pm On Nov 22, 2015
Please let's not allow ambition to overshadow the common good.
Re: Kogi State APC Running Mate Cannot Replace Him by irepmyuniben: 10:28pm On Nov 22, 2015
section 69 of the Electoral Act deems a Governor elect as being declared elected by the returning officer :

In an election to the office of the President or Governor whether or not
contested and in any contested election to any other elective office, the result
shall be ascertained by counting the votes cast for each candidate and subject
to the provisions of sections 133, 134 and 179 of the Constitution, the
candidate that receives the highest number of votes shall be declared elected
by the appropriate Returning Officer.

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