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

Your reasoning explains why you have not achieve like Keyamo. Decalred results cannot be annuled - which means to say no election took place.


keyamo is close to the truth but there will be legal battles whichever position is taking unless the supreme court sorts this out

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.

Why are you bent on causing violence by spreading lies. Where was lagos agog? Was it Abacha ni or you have having nightmares?

In my opinion I think Party the party is the one that wins election. And the Running mate have to step in (if the running mate was registered by INEC). But then I dont know if this is captured in the constitution.

On the other hand, APC may have to choose between Taraba and Kogi, because should they twist the Kogi Election to go there way, what happend to Taraba governorship judgement. If the PDP Governor was sacked in Taraba for not being dully elected on party platform, PDP should produce another person. REMEBER "PARTY WINS ELECTION NOT INDIVIDUAL"

And should we go with that very logic, then any decampee must have his seat decleard vacant.

Remeber how Amechi came to become Governor, when Omehia was removed by court. Just the same as Taraba.


We must have a law that states those things clearly and Judges/Politicians should not be twisting things to favour them.

We cannot continue to run the country by selfish correct law interpretation by Judges.

My opinion though

belabela:


Why are you bent on causing violence by spreading lies. Where was lagos agog? Was it Abacha ni or you have having nightmares?

Dont mind him, they will say rubbish to actualise their dirty dreams, ignore him pls to go and mourn

All are free to argue back and forth on this issue cos a lacuna has been identified but i think the matter should be taken to the supreme court for better interpretation to avoid the various cases that would follow the outcome.

bronze82:


Out of the inconclusive votes only 25000 has PVC.So only 25000 is eligible to vote.

Mister number of PVC doesn't determine number of votes. Inec said the number of eligible voters is 49k. As far as they hv incidence form, they will be fine. You shud be arguing if APC will allow them have that number of votes not if it is possible cuz it is.

Dotnie00:
Sad news for someone(Audu'z FnF) is good news for someone else(Faleke)

I don't think it necessarily means its good news for APC to field faleke. Its a gamble.

APC might be thinking DT faleke as d main candidate means they will now lose an election they were winning. The remaining votes might go to wada. This is a valid concern. They might be wishing d court annuls d whole thing so they can get a young Igala guy to beat wada hands down.

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

Go and read on how Amaechi became Governor without contesting for an election!

Hiann,,,, There are many opinions on this matter and this lacuna was created because of the high limitations of our constitution. Is it not sad that a country like Nigeria can't think enough to have thought about this kind of event and made a clear statement in the constitution right a way and avoid all these unfortunate scenarios being brandished by all what not.....? It's a disgrace.

A joint ticket, yes! but got disjointed by death by the main political Juggernaut AUDU, NOT FALEKE!

APC leading, yes! but election declared inconclusive by the umpire INEC. Hence no winner yet o!

My opinion, INEC should cancel the elections and call APC to renominate a fresh candidate who also will pick a running mate, however FALEKE can still be the running mate as arranged and agreed by the leaders of APC.

There should be nothing like FALEKE stepping in as AUDU was never sworn into the office. No certificate of return, etc


I'm not a lawyer yet o! Clap for me later, when this is what happens. And i'm very sure, this will be the position of the supreme court.

The Death Of Prince Audu – Resolving The Legal Conundrum, By Abdul Mahmud

INTRODUCTION

The death of Prince Audu, Governorship candidate of the APC in the inconclusive Kogi Governorship Poll, held on Saturday 21st November, 2015, has created serious legal and constitutional conundrum that demands urgent and quick judicial address and resolution.


The full text is from

http://newsdiaryonline.com/the-death-of-prince-audu-resolving-the-legal-conundrum-by-abdul-mahmud/

We are in a strange legal and constitutional territory. The 1999 Constitution and the Electoral Act 2011 do not envisage the unfortunate circumstances the death of Prince Audu in the middle of a poll foists. Recall that INEC declared the Saturday poll inconclusive, which makes the provisions of Section 181(1) of the Constitution, 1999 inapplicable in the circumstances. Whatever positivist interpretation ( an approach the Supreme Court has adopted in a plethora of authorities) commentariat gives to Section 181(1), the phrase, ” if a person is duly elected as Governor”, couldn’t have availed late Prince Audu were he alive because he didn’t meet the conditions set out in Section 179 (2) of the Constitution, 1999. Or that Prince Audu and Gov Wada did not meet the conditions set out in Section 179(2) (b) of the Constitution as aforesaid. And it was for this reason that INEC declared the Saturday poll inconclusive and ordered supplementary poll for 91 polling units. My view, here, however, is that any positivist interpretation that seeks to clothe the APC with what S.181(1) does not avail it is to inflict violence on the Constitution. Since we are in a strange legal and constitutional territory, no inference can be drawn from Boni Haruna’s case to fit the present circumstances because the facts are not similar.


WHERE THE LAW STANDS?

As it stands, what should serve as the icebreaker of this seemingly intractable legal and constitutional logjam is the interpretation the court places on Section 36(1) and Section 33 of the Electoral Act, 2011. My sense, here, is that in resolving the conundrum and breaking the logjam, our court cannot go beyond the purview of Section 36(1) of the Electoral Act, which deals with the death of a candidate and Section 33 of the Electoral Act which sets out the right of a political party to substitute its candidate who has withdrawn his candidacy or has died. The questions our court must address itself to therefore are: 1) What nature of poll does Section 36(1) envisage- fresh election, re-run, or bye-election? 2) Does the INEC-ordered “supplementary poll” fall within the purview of this section? 3) What does the phrase, “dies before the poll” mean?

CONTINUE READING FROM : http://newsdiaryonline.com/the-death-of-prince-audu-resolving-the-legal-conundrum-by-abdul-mahmud/

tobimillar:
Him don talk him own, am waiting for falana... all lawyers craving for popularity

are u saying Festus is craving for popularity? SMH 4 U. just try and google search is profile.

Death Of Prince Abubakar Audu And The Legal Implications, By Festus Keyamo

Lagos based constitutional lawyer and human rights activist, Festus Keyamo, writes from London at 9:40pm on Sunday, November 22, 2015.

http://newsdiaryonline.com/death-of-prince-abubakar-audu-and-the-legal-implications-by-festus-keyamo/

oshyno:


Mister number of PVC doesn't determine number of votes. Inec said the number of eligible voters is 49k. As far as they hv incidence form, they will be fine. You shud be arguing if APC will allow them have that number of votes not if it is possible cuz it is.

I beg to disagree with you, 49k eligible voters does not necessarily mean the number that will vote. The question is what percentage of that 49k have PVC and Will vote and if we are to go by the number bronze82 said then the APC remains at a pole position to still win because of the prevailing margin between the APC and the PDP.

Incidence forms are for those that have PVC and couldnt use it to vote!

After all said, I still think we need to wait for a judicial pronouncement from the supreme court to clear this lacuna!

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

in the case of amaechi vs omehia, the supreme court stated that voters vote for parties not individuals. also, when you vote, on the ballot paper, you don't see the individual picture but the logo of the party.

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

It's obvious you don't understand the Taraba scenario, friend. In Taraba's situation, PDP did not present a candidate through a legally recognised and due process of electoral law, in that their candidate did not emerge through a party primary election sanctioned by INEC before the Taraba elections. In that case, it was deemed as if they had no candidate in the eye of the law. That is the position of the Tribunal, until apex courts say otherwise.
In Kogi's situation, both major parties, APC and PDP, presented their candidates through primary elections. In that case the parties are duely represented and any mandate won by any of candidates can be said to be won and owned by his party too.

ONLY GOD KNOWS THE KINDA LAW THIS FESTUS READ......SILLY YORUBA ILLITRATE LAWYER

modath:



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.

You clearly lack the ability to think deeply and reason critically. I don't blame you, cos many ladies are like that.

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

hahahahahhahahahahahahahahahhahahhahahhaa

for your nkwobi mind abi?

I Disagree with Mr. Kayamo. That is your personal reason.

lawyers over to you guyz

The only justifiable approach to this case is what Festus keyamo has explained.

Kennydoc:


You clearly lack the ability to think deeply and reason critically. I don't blame you, cos many ladies are like that.

You won't get any argument from me on that front cos I know for a certainty those kind of ladies are all you've known from CHILDHOOD till the present day. So hold on to that belief!!

Jonwesley:
Hiann,,,, There are many opinions on this matter and this lacuna was created because of the high limitations of our constitution. Is it not sad that a country like Nigeria can't think enough to have thought about this kind of event and made a clear statement in the constitution right a way and avoid all these unfortunate scenarios being brandished by all what not.....? It's a disgrace.

A joint ticket, yes! but got disjointed by death by the main political Juggernaut AUDU, NOT FALEKE!

APC leading, yes! but election declared inconclusive by the umpire INEC. Hence no winner yet o!

My opinion, INEC should cancel the elections and call APC to renominate a fresh candidate who also will pick a running mate, however FALEKE can still be the running mate as arranged and agreed by the leaders of APC.

There should be nothing like FALEKE stepping in as AUDU was never sworn into the office. No certificate of return, etc


I'm not a lawyer yet o! Clap for me later, when this is what happens. And i'm very sure, this will be the position of the supreme court.

If inec says fresh elections, APC will say fresh campaigns, dis means d incumbent will overstay as governor - another constitutional issue DT will be taken to d courts. Who will then be d interim governor? And does d constitution even provide for this? It will all snowball out of control.
Cos any rat can take inec to court based on d law.

bronze82:


Wada is already a looser.

My brother our constitution ddnt see this coming. More money for the SANs.

oshyno:


Mister number of PVC doesn't determine number of votes. Inec said the number of eligible voters is 49k. As far as they hv incidence form, they will be fine. You shud be arguing if APC will allow them have that number of votes not if it is possible cuz it is.

Sir, PVC may not determine the number of votes but it actually determines the number of eligible voters. No matter the number of registered voters, they are not eligible to vote if they don't have their PVCs. Incidence forms only come in on the day of election only when a voter's PVC is not recognised by card reader. If a voter does not have a PVC, he cannot even be allowed for accreditation let alone filling an incidence form for him.

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

WHO SAYS THAT KEYAMO IS HUMAN RIGHT ACTIVIST? HE IS A POLITICIAN SEEKING FOR ATTENTION ALL THE TIME.

Nobody is concerns with Audi's death, what matter to them is who replaces him......shame to politician.

janellemonae:


If inec says fresh elections, APC will say fresh campaigns, dis means d incumbent will overstay as governor - another constitutional issue DT will be taken to d courts. Who will then be d interim governor? And does d constitution even provide for this? It will all snowball out of control.
Cos any rat can take inec to court based on d law.

I want to differ in your point of APC demanding for fresh campaigns. APC can't dictate a rule to INEC. They won't be fresh campaigns, but a nomination or allowing the runner up to Abubakar Audu to pick the mandate. That will solve the issue of overstaying of the incumbent governor. And i think rather than Wada continuing, the constitution has provisions if by the date of handing over, the processes have not been ended or concluded.

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.

u are right. igalas are like hausas who only vote for their sons. if a fresh election is conducted,with faleke as the candidate he wouldnt get much from the igalas. Also if he is made the substansive candidate for Apc , he wouldnt still get their votes( igalas) so Wada wins ultimately.

Jonwesley:


I want to differ in your point of APC demanding for fresh campaigns. APC can't dictate a rule to INEC. They won't be fresh campaigns, but a nomination or allowing the runner up to Abubakar Audu to pick the mandate. That will solve the issue of overstaying of the incumbent governor. And i think rather than Wada continuing, the constitution has provisions if by the date of handing over, the processes have not been ended or concluded.

If inec says no fresh campaigns to acclamatize their new candidate wt d electorate, it would be a court case. Every other party candidate got to campaign.