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Kogi Election:unconstitutionality Of Fresh Election,substitution Is The Answer! - Politics - Nairaland

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Kogi Election:unconstitutionality Of Fresh Election,substitution Is The Answer! by GoodGovernance: 1:29pm On Nov 24, 2015
I am very dissapointed why lawyers,including SANs are advocating for fresh election as a result of the death of Audu Abubakar. Does the electoral act or the constitution considers death as on ce of the criterion for a fresh election?

THE ANSWER IS CAPITAL NO!

So what should be the solution? very simple!


The constitution and electoral act supports the substitution of a candidate to contest an election.Applying Ameachi's case,what INEC should do is to simply allow APC to substitute the living with the dead,among those that hitherto contested the APC primaries,to conclude the elections.Legally speaking the votes were for APC and NOT Audu Abubakar(refer to Ameachi's case),more so when the later is dead. APC is still alive!

Unfortunately Faleke is not qualified to step into the shoes of Audu Abubakar by virtue of the provisions of the electoral act as amended,because he never took part in any primary election!

Conclusion

A fresh election would be unconstitutional.Death is not a ground for cancellation of an election that has already held!.APC should substitute Audu Abubakar with another candidate that contested the earlier primary,to carry on with the APC mandate at the supplementary election.

WE DO NOT HAVE TO BE AMENDING CONSTITUTION FOR EVERY UNFORESEEN CIRCUMSTANCE.

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