Have u taken time to study the constitution and electoral act at all? Go and study dem den u can come back to edit this poo

TonyeBarcanista:
The Death of a governorship candidate does not form basis for a cancelling of election. The argument of these men is invalide considering that the candidate has a running mate that is prepared in case of any eventualities(such as this). James Faleke will naturally step up while APC nominates a new Deputy.

Augustbreak:
Yes.the muslims love him so much but the christains does not.There was a time he wanted running for Governor,his intended deputy was also a muslim.I doubt if the Igala Christains will vote for him.

That's very bad. According to my friend, he said he's the most loved person in Igala land after Audu.

OnankpaBa:




may your tea never lack milk dear..

. The lacuna has really exposed the lack of indebtedness of those that prepared and reviewed the constitution.

Dmanky:


when u read that same constitution u will have ur own interpretation.That is why they are called lawyers......

Which means the constitution means different things to different people.

The act that sends one man to prison will send another man to party because they appeared before different judges right?

I have never seen where a proven murder case are interpreted differently by different judges o.

[quote author=DONSMITH123 post=40343311]LAWYERS across the country, yesterday, continued to proffer suggestions on how the country could wriggle out of the constitutional logjam occasioned by the death of Prince Abubakar Audu, the All Progressives Congress (APC) governorship candidate in Kogi State.
Audu before his death was leading in the governorship election held on Saturday with over 40,000 votes and looked set to emerge as winner later because only 49000 voters are expected to vote in the supplementary elections to be conducted in 59 polling units.
The Constitution and Electoral Act have no provisions for a situation where a leading candidate dies during an election.
APC should replace Audu for the re-run polls – Olajide
A lawyer, Barrister Asiyanbi Olajide, said: ”The death of Audu Abubakar comes with some constitutional questions. What happens to the inconclusive elections? Who becomes the APC’s Governorship candidate in the re-run elections in the affected areas. Will a new election be ordered in Kogi State? Many more questions, yet few answers.
The scenario would have been different if the results of the election were declared before the death of Audu Abubakar. In that case Section 181(1) of the Constitution of the Federal Republic of Nigeria would have been invoked. ‘Section 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’.
But the scenario in Kogi is different. Nobody has been declared the winner yet. Therein lies the constitutional/electoral challenge. But its not beyond resolution.
This is where Section 33 of the Electoral Act (as amended) 2010 can be invoked. It provides ‘Section 33. A political party shall not be allowed to change or substitute its candidate whose name has been submitted pursuant to Section 31 of this Act, except in the case of death or withdrawal by the candidate’
”Section 33 of the Electoral Act is wide enough to accommodate the scenario in Kogi State, where a candidate dies where the election is declared inconclusive. This is because Section 33 of the Electoral Act is not limited to pre-election substitution of a candidate. Pre-election substitution of a candidate is specifically provided for in Section 36(1) of the Electoral Act. ‘Section 36(1). If after the time for the delivery of nomination paper and before 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 postponement of the election as contemplated under Section 36 of the Electoral Act is to allow the party to present another candidate.
”However, if the candidate dies where the election is declared inconclusive as in Kogi, the party will be allowed to substitute the death candidate for the re-run election in the affected areas. This is the intention of Section 33 of the Electoral Act. Limiting Section 33 of the Electoral Act will be restricting its intention and deviating from the purposive rule of interpretation.
The party’s garnered votes in the inconclusive election remain valid. This is because the electorates voted for the party not the candidate.
In the end, no constitutional/electoral lacuna exists. The APC should invoke the provisions of Section 33 of the Electoral Act and substitute Audu Abubakar with another candidate, while their votes remain intact as they go in for the re-run elections in the affected areas, declared inconclusive.”
INEC, AGF should approach Supreme Court for interpretation – Alli
Ibadan-based lawyer, Sharafadeen Abiodun Alli, said: ”INEC should approach the Attorney General of the Federation, who may quickly seek interpretation from the Supreme Court as our laws, both the Constitution and Electoral Act never envisaged the present situation. To do otherwise, any party who feels aggrieved would go to court or tribunal making it one of the issues for determination.”

The lacuna is a prove of the lack of indebtedness of those that prepared and reviewed the constitution.

Mekzmoney:
Dis case is difrnt my frnd. If it were to be candidate of any unpopular part dat died and he's leading in d vote, there wud re-run. But if he's nt winning and he dies, it would continue...... So if dat Audu (APC) does nt win dis election and he died on d process, he wud be buried and they would still declare d winner. So its beta they re-run and if they are gonna bring dat yoruba man as APC candidate dis time, then sorry 4 APC, because no igala person dat wud vote 4him and u knw dat igalas are d majority....

U are the one declaring here dat audu is winning, since he has not been declared the winner by Inec then he's not the winner yet.. What i mean here is dat if election should be cancelled on the basis of the demise of a particular party candidate today bcus he's leading are we going to repeat the same thing tomorrow if the person that die happen to be an unpopular candidate? Remember any law made bcus of slave cant be ultered bcus of child.. In this election nobody is winning yet if we should go by the law

livinbygrace:
I


Keep quiet if u don't have any reasonable thing to say.Did you know how much it cost to run an election?The timing,logistics ,Human resources so on?
It's easier said than done.
People voted for the party and not individual.EVen if you voted for individual ,he is under the party.You mean if it was Accord party"s candidate that slumped and died they should cancel the whole election?
It's very straight forward,the running mate is in better position to take over.He not there for figure head but in case of eventualities.

keep your opinion to yourself pls...at the end the constitution is there to speak for itself...you don't need to take panadol for the whole of kogi bye!

FreddywellsNGN:



I think Tonye Barcanista is trying to take us to a particular angle, which might appear as if he's objective enough...James Faleke may not be able to pull such convincing numbers as much as Audu will during the supplementary elections ,hence PDP wins.

PDP cannot will the election because by the INEC data it is only about 24 thousand that have PVC out of the 49 thousand. INEC would have used the PVC rather than the registered voters.

Breaking News: APC to replace Audu with new candidate