Stoical:
This is my humble reasoning on this issue and please do not attempt to insult me, as I have a right to reason and I ain't quoting you.

The AGF might say what he said because he has to be in the good book of his masters...however, in doing this, he may have misled INEC who is supposed to be independent both in its decision making and actions.
What I see here is that after this unfortunate event, INEC should have made a pronouncement but they remained silence until the AGF spoke. Meaning, they were not sure of what to do, as such need the guidance of AGF and not necessarily their legal team(I might be wrong). As such, they are now seen to be partisan. I felt they should have gone to the court for immediate interpretation cum judicial pronouncement on a matter as this'd which the 2 constitution they are guided with had not envisaged and as such never spoke on.

This case should not be compared with Amaechi's even though it looks so close. The 2 events here are very different. What might make them seem close is the fact that the party is often accepted to be the one that wins and not the individual. But, I'll say that different strokes shouldn't be use for different folks on similar/almost similar scenarios; a case at hand is Gombe election petition tribunal which gave PDP victory to APC on account that PDP primary was not witness by INEC, rather than give PDP a chance to conduct a fresh primary, just as the are giving APC now in Kogi. Smh for Nigeria shaa.
I will want to ask some of us, if they would have voted for APC if Tinubu was its flagbearer (no pun intended). I believe party is a platform, but it is the individual that we all voted for, as such I believe also we will never vote for a party who doesn't present a candidate, even if INEC allows them to stand in for election, reason being that we may not like who they will bring up later...

As for Kogi, with the inconclusive result thus announced, APC/late Audu led and it is understandable when APC insist on substituting its dead candidate. But, would that person be who the Kogians actually would have voted for? A question that begs an answer from Kogians. Well, however it turns out, I feel APC will still win even with a re-run, because the citizens are tired of Wada's method of governance

I just feel that the supreme court may overturn this case or probably uphold it, as they are judges that know better than I do, especially if they are nonpartisan.

Sorry for the long writeup, but I couldn't have summari summarized my point earlier...comprehend and give me your own view...

macfarland:
INEC should conduct fresh election with a new candidate. Simple

seunmsg:




So, you disagree with the legal opinion of the AGF and the decision of INEC. Now, what should be the ideal decision in this matter? It's not just enough to criticise, offer a solution and back it up with relevant sections of the constitution or the electoral act.

gare:


If you have a brain and you are not baised, you would understand what Metuh is saying, you can't at this substitute another person half way into the election, either it is done before the election. You can't have two governorship candidates for one elections, are you now saying PDP can change its governorship candidates?

What INEC ought to do is to cancel and call for a fresh elections or give it to pdp, this are the lapses in our constitution we ought to look at, not insulting ourselves every now and then

BabaO2:
Baba02 is Too dumb,sentimental and rookie for my liking

DTaj:


DTaj is as daft as they come! The ballot in any election in Nigeria never reflects the name of a candidate! It reflects the name of the party only! And to even stretch your warped and daft analogy, did you conduct any scientific analysis on all the over 290,000 people who voted Audu that they voted for Audu and not APC? Did your obviously challenged soul also feel that the over 190,000 voters who voted Wada did so because of Wada and not because of PDP?

Come on, get a life and get a brain, dude!

Some of you (PDP failures) are so engrossed with hatred for anything APC that you talk and write from your anus!!!

Confirmed clown! Anofia!

DTaj:


DTaj is as daft as they come! The ballot in any election in Nigeria never reflects the name of a candidate! It reflects the name of the party only! And to even stretch your warped and daft analogy, did you conduct any scientific analysis on all the over 290,000 people who voted Audu that they voted for Audu and not APC? Did your obviously challenged soul also feel that the over 190,000 voters who voted Wada did so because of Wada and not because of PDP?

Come on, get a life and get a brain, dude!

Some of you (PDP failures) are so engrossed with hatred for anything APC that you talk and write from your anus!!!

Confirmed clown! Anofia!

deen4real7902:
The Peoples Democratic Party has demanded the resignation of the Attorney General of the Federation, Abubakar Malami, and the Chairman, Independent National Electoral Commission, Prof. Mahmood Yakubu, over the decision to allow the All Progressives Congress to replace its governorship candidate for Kogi State.

The AGF and INEC had in the afternoon given the APC the go ahead to pick a replacement for the late Abubakar Audu, who died on Sunday – a day after contesting in the governorship election.



INEC had also decided to hold supplementary election in the 91 units where election was cancelled on Saturday on December 5.

However, the PDP condemned and rejected the decision to allow the APC replace its candidate, arguing that the decision was unconstitutional and that INEC was biased.

The National Publicity Secretary of the party, Olisa Metuh, told journalist in Abuja that the party had asked Malami to vacate his office “for harrying and misleading the Independent National Electoral Commission into arriving at an unconstitutional decision to allow the APC to substitute its candidate in the inconclusive Kogi state governorship election.”

Metuh said the party was shocked that INEC could allow itself to succumb to the antics of the APC “by following the unlawful directive of an obviously partisan AGF to substitute a candidate in the middle of the ballot process.”

The PDP described the decision of INEC and the AGF as bizarre, saying, “We are all aware that the two legal documents guiding INEC in the conduct of elections; the Constitution and the Electoral Act, have provisions for electoral exigencies as well as empower the electoral body to fully take responsibility for any of its actions or inaction without undue interference from any quarters whatsoever.

“We are therefore at a loss as to which sections of these two relevant laws, INEC and the AGF relied on in arriving at their bizarre decision to substitute a dead candidate in an ongoing election even after the timelines for such has elapsed under all the rules.”

According to the PDP, the implication of the decision will be that the APC will be fielding two different governorship candidates in the election, meaning that INEC will be transferring votes cast for late Prince Abubakar Audu to another candidate.

This, it said, were “scenarios that have no place in the constitution of the land.”

It added, “Whereas the PDP, in honour of the sanctity of human life and respect for the dead, had since Sunday refrained from making comments on the conduct of the election, we can no longer maintain such in the face of the barefaced attack on our democracy.

“This INEC under the leadership of Prof. Mahmood Yakubu has shown itself as partisan, morally bankrupt and obviously incapable of conducting a credible election within our laws.

“In view of the foregoing therefore, the PDP demands an immediate resignation of the INEC chairman, as the nation’s democracy cannot afford to be left in the hands of an electoral umpire that cannot exert its independence.”

Source: http://punchng.com/kogi-poll-resign-now-pdp-tells-agf-inec-chair/

seunmsg:

PDP should go and sit down. They've lost the election already, so, what are they saying? They disagree with the legal opinion of the AGF and the decision of INEC but failed to offer their opinion on what should happened considering the legal quagmire that followed Audu's death.

Anybody or party that is not satisfied with INEC's decision should simply go to court. No need for any long story.

contigiency:
The AGF stated three vital points which are not just mere opinion but Nigerian constitutional provisions. He said;
1. That neither the constitution nor the electoral acts states that election that is in progress should be cancelled because of a death of a candidate.

2. Rather, section 33 of the electoral act gave political party power to substitute a nominated candidate in a case of a death of the nominated candidate or where the candidate voluntarily withdrew from the election. Which means the party can do that if the event ocured either before the election proper or the election is process just as this one. So in this case the APC nominated candidate died and the natural thing to do based on the stated electoral act is for the party to substitute him.

3. That section 221 of Nigerian constitution states that in an election, vote cast by the electorates are in favour of political party and not for the candidate nominated by the party. Just like in the case of Amechi vs INEC/Omehia. And that section has not been amended even as we speak. It goes to say that all the vote casted that day was for APC and because the party is empowered by the above quoted electoral act to make substitution in the case of a death of a nominated candidate, they will simply do that. so its not INEC or the AGF view that is being applied in this case but that of the provided laws. Unless Metu is saying that those quoted sections are not in our constitution and electoral act, or that there are other sections that countered them, then the best he should do is to state whatever section/s that prohibits the action that INEC is about to take to the general public.

But in all of this, one question that is very important that we need to answer is; would anyone have sugested for the cancellation of the election if the dead person were any of the candidates that scored insignificant votes since no winner has emerged?

gare:


If you have a brain and you are not baised, you would understand what Metuh is saying, you can't at this substitute another person half way into the election, either it is done before the election. You can't have two governorship candidates for one elections, are you now saying PDP can change its governorship candidates?

What INEC ought to do is to cancel and call for a fresh elections or give it to pdp, this are the lapses in our constitution we ought to look at, not insulting ourselves every now and then

Remii:


he should be reminded of PDP/INEC and Amechi scenario in Rivers State. Supreme court gave votes to the party not candidate.

seunmsg:


Give what to PDP? Even Metuh won't make such demand.

The constitution and electoral act are both silent in the event of the present situation in Kogi state. So therefore, it is left for INEC as the umpire to take a decision based on the spirit of the law and what they can infer to be the intention of the drafters of the law. If PDP is not satisfied with INEC's decision, they should go to court.

gfullmoon:

It's a wrong premise to assert that everybody voted Audu,which by implication you meant noone voted for party,nor for the Running mate. Please know these-most people vote for their choiced party even when they do not like or know the candidate presented by their party,while some voted for the candidate not party this is where even PDP card carrying member will vote for APC candidate vice versa.So the confusion is how do you sieve those who voted for Audu from those who voted for party ,Running mate,Party Leaders and other motives. Hence,have you seen reason(s) why the party's interest supersedes the candidate's which by implication make the party the owner of all vote cast in elections? That's why when Omehia's of Rivers state Guber election was declared invalid in 2007 and Hon Rotimi Chibuike who never participated in the General Election was awarded ''Omehia's'' vote which by implication was party's vote not his personal vote.

ODUBEZE:
Truly, it is absurd!
[b]Many voted for the candidate not the party Now that the candidate voted for is gone, a fresh election or the next candidate with the higher score should be ushered in!
AUDU should not be usurped!

gare:


If you have a brain and you are not baised, you would understand what Metuh is saying, you can't at this substitute another person half way into the election, either it is done before the election. You can't have two governorship candidates for one elections, are you now saying PDP can change its governorship candidates?

What INEC ought to do is to cancel and call for a fresh elections or give it to pdp, this are the lapses in our constitution we ought to look at, not insulting ourselves every now and then

gare:


If you have a brain and you are not baised, you would understand what Metuh is saying, you can't at this substitute another person half way into the election, either it is done before the election. You can't have two governorship candidates for one elections, are you now saying PDP can change its governorship candidates?

What INEC ought to do is to cancel and call for a fresh elections or give it to pdp, this are the lapses in our constitution we ought to look at, not insulting ourselves every now and then

tuniski:
they are completely different. Amaechi's case was even qualified not to be a reference point by the supreme court. Having said this, the case of Amaechi/umehia was that of a conclusive election where pdp won presenting Umehia as candidate while Amaechi challenged that he won the primaries. It was ruled in his favour. Nothing like the sad event of a candidate dying during election ever happened. The election be cancelled and new one conducted. Why are apc people worried if it was the party that was voted for and not the towering personality of Prince Audu? Only Audu could stand up to Wada not APC!

agabusta:



Many may actually vote for the candidate as you said, but the law is not sentimental nor is it emotional. It has clearly stated that the party is the owner of the votes. This position of the constitution has been emphasized by the Supreme Court on many cases.

You also fail to realise one point when you said a fresh poll should be conducted.

The point is that INEC under the constitution does not have the right to cancel an election it has already released the result!

It is only an Election Petition Tribunal that can cancel the result of an election that has been released by INEC.

End of story

ziccoit:


The Supreme Court saw that Umehia replaced Amaechi two weeks to election and still won. It then decided that Umehia wouldn't have been the one people voted but the PDP. That decision alone brought the case of party but not individual being voted for. Now, since APC in Kogi is not dead or withdraw form the election, by using Amaechi case, the party was voted last Saturday not Audu. That is how the law would see it. The precedence was set by PDP impunity and mago-mago in government.

efilefun:
But when Amaechi who didn't contest was sworn in, it wasn't absurd and those sinking he goat of a party never called for resignation of anybody then... Bunch of jokers

ziccoit:
When you dig a hole for your enemy, don't let it deep; you may be the one to fall into it. PDP actions and inactions in 16years of government are really hunting them. The provisions of constitution and electoral laws are not as deadly as Supreme Court pronouncements on Amaechi case in respect of this matter. There is no way this case is argued that is going to benefit PDP. If they manage to wriggle their ways out of constitution and electoral provision, Supreme Court pronouncements in Amaechi case would definitely catch up with them.

gare:


If you have a brain and you are not baised, you would understand what Metuh is saying, you can't at this substitute another person half way into the election, either it is done before the election. You can't have two governorship candidates for one elections, are you now saying PDP can change its governorship candidates?

What INEC ought to do is to cancel and call for a fresh elections or give it to pdp, this are the lapses in our constitution we ought to look at, not insulting ourselves every now and then

HaneefahRN:
PDP definitely has no case here. What's there business if the APC candidate is substituted or the deputy gov candidate upgraded to the gov? The people voted for the party not the candidate, the candidate is dead but the party is still alive. INEC shld conclude the election and declare the winner, cest finite.Although this is an unprecedented case so let's see what actions the Supreme court takes.
But they should stop making noise and go to court if they think they av a case.

Remii:


he should be reminded of PDP/INEC and Amechi scenario in Rivers State. Supreme court gave votes to the party not candidate.