KOGI GUBERNITORIAL ELECTION, NEW ISSUES AND MY OPINON- OBI C.T. ESQ
It was sad news that engulfed the whole nation when the death of kogi apc gubernatorial candidate, abubakar audu was heard. A lot of issues propped up because of the death, new issues which no law envisaged.
1st issue- what is the provision of the law when a candidate dies before the election is declared but after the election has been conducted?
2nd issue- Will a deputy governorship candidate take over because of the death of a governorship candidate in such situation?
3rd issue- Will a new election be conducted because of the death?
The constitution in section 181(1) provides ‘‘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”. A closer look at this section one will see that the provision is made with regards to a situation where a governorship candidate dies after the election have been concluded but that’s not the situation at hand because the election was declared inconclusive and thus nobody was duly elected the governor of the state.
Section 33 of the electoral act provides that “ a political party shall not be allowed to change or substitute its candidate whose name has been submitted pursuant to section 32 of this act except in case of death or withdrawal by the candidate”. The electoral act clearly states that a political party has a right to change the candidate were such situation as the one at hand arises, it is left for APC TO either allow the deputy governorship candidate to continue or appoint another person to take over from the deceased.
The issue of conducting a new election in my own opinion does not arise here. The 1999 constitution provides in its section 181(2) that a new election can only be conducted where a person duly elected as governor and deputy governor dies or are for any reason unable to assume office before the inauguration of the house of Assembly.