₦airaland Forum

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.”

There should be fresh polls – Leigh

To Oluwaseyi Leigh, a lecturer at the Olabisi Onabanjo University, Ago-Iwoye, Ogun State, ”the nearest solution to the seeming constitutional conundrum is Section 36 (1) of the Electoral Act, 2010 (as amended). The section relates to Death of a Candidate before the Commencement of a Poll.

In my own view, an inconclusive election is to all intents and purposes, akin to no election at all, even if only in those affected areas. Now, with the interposition of death, the equation becomes skewed. Why do I say this? The rerun of the election is now in the future and Audu’s death is now tantamount to the death of a nominated candidate before the commencement of the poll (in this case, the rerun), even in those selected areas for the rerun.

”But in the light of the exigency of death, the rerun will have to be ordered in the whole state. This is because if the party decides to field another candidate apart from the running mate of the deceased at the election, or even if the running mate is fielded at the election, both of them will have to choose a new running mate, which makes them an entirely new set of candidates who are new to the rerun arrangement and therefore cannot take the benefit of what went before.

Even though political parties are for now, the constitutionally recognised platforms upon which candidates can stand for election and political parties are clothed with the “perpetual succession” fiction of their existence, yet, only natural persons subject to natural and human foibles can be candidates, and where death occurs, the succeeding candidate(s) will also need to undergo the motions undertaken by the departed.

It is an instance of a situation known to lawyers where a “cause of action” dies with a party to the action. Under section 36 earlier referred to, INEC will have to appoint some other convenient date for the election within 14 days.”

Fresh polls, the only option – Chukwu
Owerri-base Legal Practitioner, Barr Stanley Chukwu, said: ”The present situation arising from the death of Audu, the APC gubernatorial candidate in Kogi has created an unprecedented situation not envisaged in the 1999 Constitution of the Federation as Amended. While Section 181 of the Constitution envisaged a situation where if a Governor elect dies before taking oath of office his deputy is to take over. Subsection 2 of section 181 provides that where both the Governor elect and his deputy die before taking oath of office, that there will be a flesh election.

”The Kogi situation is that the Gubernatorial candidate died at a time election has not been concluded and supplementary election is to be conducted so that a winner would be declared. In this scenario, APC no longer have a gubernatorial candidate for the supplementary election. In fact, supplementary election would be a waste of time. Audu’s running mate cannot step into his shoe. There is no provision in the Electoral Act or the Constitution that assigned any role to a running mate upon the demise of the Gubernatorial candidate before declaration of winner. The only option is for an a flesh election to be conducted in which APC will field a candidate. Again, this is one scenario which our law fail to envisage and there is now the need to take care of it in future constitutional amendment.

”The argument that it is the party that stands for election will not fly when you analogically consider section 181(2). of the Constitution which orders for fresh election where both the Governor Elect and Deputy Governor elects die before taking oath of office. If the Constitution recognises the party above the candidate, it would have simply required the Party to field a new Governor-elect and Deputy Governor elect but instead, the Constitution required a new election. So in this case, since Audu has not been declared, his running mate can only be seen and not reckoned with. The only option now is conducting a fresh election.”

Cc: lalasticlala

http://www.vanguardngr.com/2015/11/audus-death-there-should-be-fresh-polls-says-don-others/

OnankpaBa:
truly, no peace for the wicked.


Jonathan you see yourself?

The Federal Government, yesterday, asked the Abuja ‎Division of the Federal High Court to revoke the bail it granted the former National Security Adviser, NSA, Col. Sambo Dasuki, retd.

The government, in an application it filed pursuant to section 169 of the Administration of Criminal Justice Act, 2015, sought for an order ‎committing the former NSA to prison pending his trial.

‎‎It will be recalled that though Dasuki was on September 1, granted bail by the high court on self recognition, however, trial Justice Ademola Adeniyi, on November 13, while granting the defendant leave to travel abroad for medical treatment, varied his bail condition.
Justice Adeniyi ordered the erstwhile NSA to produce a surety that must be ready to face prosecution should he (Dasuki), go into hiding after his medical treatment in the United Kingdom.

The court further directed the release of his hitherto seized traveling documents, ‎ saying Dasuki should return same to the Deputy Chief Registrar, Litigation of the high court within 72 hours of his return from the three weeks medical trip.
‎
‎It was the order that the government yesterday asked the court to vacate by revoking the bail that was granted to the defendant.

Meantime, the Attorney General of the Federation and Minister of Justice, Mr. Abubakar Malami, yesterday, failed to honour the summon that was issued for him to appear before court to explain why Dasuki has remained under house arrest despite the leave granted for him to travel for medical treatment.

Though Justice Adeniyi specifically ordered the AGF to appear before him yesterday,‎ however, the Director of Public Prosecution, DPP, Mr. Mohammed Diri, announced appearance on his behalf.

Diri told the court that he was eminently qualified to represent the AGF in the matter, contending that no contempt proceeding is pending ‎against the AGF.
‎
‎The DPP rather queried the continued absence of Dasuki in court, even as he urged the court to order his appearance at the next adjourned date.

The position of the DPP infuriated Dasuki’s lawyers led by Mr. J. B. Daudu, SAN, ‎who accused the AGF of having little regard for the court.

Daudu insisted that the AGF ought to have shown respect to the court by obeying the summon on him, noting that the Solicitor-General of the Federation, Mr. Taiwo Abidogun, had at the last adjourned date, entered ‎an undertaking that the AGF would be in court yesterday.

Meantime, while agreeing with Dasuki’s lawyers that the AGF ought to have appeared in court yesterday, Justice Adeniyi, fixed November 26 to determine the merit of FG’s application for bail revocation.

On why the bail should be revoked, FG, yesterday, told the court that Dasuki is undergoing investigation by the committee auditing procurement of arms/equipment in the Armed Forces and Defence Sector from 2007 to date.

It said that an interim report of the committee showed that over $2 billion was allegedly embezzled and that Dasuki’s presence is required to assist in further investigation.

“That there is a federal government directive for the arrest of all those indicted by the report, including the defendant (Dasuki) and that the ongoing investigation which borders on money laundering against the defendant has not been concluded and there is fear that investigation might be tempered with on account of foreign visit by the respondent before the completion of investigation”, Diri stated in the application.

He added also that the ailment for which permission was given to Dasuki to travel to the United Kingdom for treatment can be properly treated in the National Hospital, Abuja and other teaching hospital in Nigeria.

Besides, FG, told the court ‎that there is an intelligence report that Dasuki has concluded plans to take the advantage of the court order releasing his International Passport to escape justice and tamper with ongoing investigations.
‎
Daudu objected to the application, contending‎ that FG could not pray the court for such relief when it has refused to obey a subsisting order of the court.‎

Daudu argued that the federal government should not be granted any indulgence by the court until it stops the siege to Dasuki’s home.
‎
In a fundamental right enforcement application he filed before the court, Dasuki who is facing a five-count criminal charge bordering on money laundering and his alleged illegal possession of firearms, ‎wants and order directing FG and operatives of the DSS‎ to vacate his house located at 13, John Kadija Street, Asokoro with immediate effect.

Cc: lalasticlala

http://www.vanguardngr.com/2015/11/alleged-2bn-fraud-fg-asks-court-to-revoke-dasukis-bail/

lala oya FP. Audu is buried. May his gentle soul rest in peace.


God knows the best. Allah is the giver and taker.

this life is vanity

alonzoiv:
I have confirmed it from someone in Ogbonicha, Ofu LGA. The story was authenticated.
Lalasticlala, let's make it happen.

let wait for official confirmation and not ear say pls... am in Alloma presently. on my way to Ogbonicha

alonzoiv:
I have confirmed it from someone in Ogbonicha, Ofu LGA. The story was authenticated.
Lalasticlala, let's make it happen.

let wait for official confirmation and not ear say pls...

alonzoiv:
I have confirmed it from someone in Ogbonicha, Ofu LGA. The story was authenticated.
Lalasticlala, let's make it happen.

let wait for official confirmation and not ear say pls... am in Alloma presently. on my way to Ogbonicha

alonzoiv:
The rumour making the rounds in Kogi state indicate that Prince Audu who was reported dead yesterday after the announcement of inconclusiveness of the gubernatorial election by INEC, has woken up from the dead and is now alive. He woke up at the point o being buried after islamic rites were performed on him. No official statement has been issued yet.

Updates coming soon.


Lalasticlala, Seun. Pls, let the people know about this unfolding development


SOURCE: eye witness account by me. I'm in lokoja at the moment.

the burial is in Ogbonicha not lokoja.....

naija is capable of anything.

it is well

donTbone:
Grow up man!

let it go....forget him pls..

Jaideyone:
phool if it was the PDP candidate that died you wailers will blame APC. now it's the APC candidate and you idiots are still playing the blame game. are you always this foolish?

GUY SAY SOMETHING GUD

Chief Niyi Akintola (SAN) said: “There can be fresh election. INEC can only conduct supplementary election in the 91 polling units. The death of Audu cannot nullify the election. It was APC that contested the governorship election not Audu as an individual.”

Akintola explained that it is left to the APC to pick another candidate from among those that contested the governorship primary with Audu or ask the deputy governorship candidate, James Faleke to take over.

“The decision lies with the APC,” he added.


lets wait and see how it plays out.

Lawyers yesterday told the Independent Electoral Commission (INEC) that the death of the governorship candidate of the All Progressives Congress (APC) does not invalide the on-going election in the state.

They urged INEC to allow the deputy governorship candidate of the APC, Abiodun Faleke, to conclude the on-going election.

The former Chairman of Nigerian Bar Association (NBA), Ikeja Branch, Monday Ubani; a member of the Ogun State Judiciary Service Commission, Abayomi Omoyinmi and a lecturerý of Law at University of Lagos (UNILAG), Akoka, Wahab Shittu said the process should be concluded.

Ubani said: “Since the Electoral Act didn’t specifically provide for things like this happening in the course of an election, we would have to make recourse to the judicial pronouncement in the case of Rotimi Amaechi where the Supreme Court said in an election, it is the political party that is the beneficiary of election and not the candidate. That is why Amaechi that didn’t contest elections was sworn in.

“In this situation, the deputy governorship candidate would have to step in to conclude the process. If he wins the election, the APC would then decide on another deputy for him”.

According to Ubani, the time to choose a candidate through primary election had lapsed for all the political parties and it is not possible for any of the parties to go for primaries anymore.

Omoyinmi said: “In the eyes of the law, the deputy should ordinarily conclude the re-run election for the office of the governor and it is now left for him to pick a new running mate”.

Omoyinmi said the kind of situation in Kogi was not envisaged.

Shittu said the matter could be viewed from different perspectives.

Shittu said since the election was declared inconclusive, the running mate should be allowed to step in and conclude the process of the supplementary election.

This, he said, has become necessary because the electoral law did not envisage such an incident–Audu’s death.

On the other perspective, he said since it is the ýparty that fields the candidate, and that since the election has turned this way, the party would have to replace the governorship candidate.

“Which means that election might be conducted afresh. The death of a candidate during the process of an election automatically voids the election. It is not a question of an election being inconclusive. The entire electoral process is now altered with the death of the governorship candidate,” he said.

Constitutional lawyer and Senior Advocate of Nigeria (SAN) Malam Yusuf Ali said the situation in Kogi is “very complex, because the election has been declared inconclusive”.

He said: “If he had won the election outright, it would have been a different matter, but with the way things are, it is very delicate.”

Chief Niyi Akintola (SAN) said: “There can be fresh election. INEC can only conduct supplementary election in the 91 polling units. The death of Audu cannot nullify the election. It was APC that contested the governorship election not Audu as an individual.”

Akintola explained that it is left to the APC to pick another candidate from among those that contested the governorship primary with Audu or ask the deputy governorship candidate, James Faleke to take over.

“The decision lies with the APC,” he added.

The presidential candidate of the United Progressive Party (UPP) in the last general elections, Chief Chekwas Okorie, said it was a very shocking development that threw everybody off-balance.

He said: “ From every indication, it is a political party that wins an election; the result so far released suggests that the people of Kogi State are favourably disposed to an APC government to be in-charge of affairs in the next four years. What it therefore means is that the APC still has a chance, even his death, to govern the state, based on the result already declared.

“So, they should follow up the supplementary election with the same atmosphere of peace that we witnessed in last Saturday’s election. If their choice is the APC, then let the APC rule them in the next four years.”

Cc: lalasticlala

http://thenationonlineng.net/lawyers-to-inec-death-of-apc-candidate-does-not-invalidate-election/

Sijo01:
Suspect spotted!

how u dey

lalasticlala:
we already have a birthday thread for him on fp

thanks boss...

The Eze of Igbo noted that those pursuing the issue were
not born when the civil war took place.


nice one. If you've experienced war before in your life, you will not pray for one.

Iranu....

Boko Boys, your days are numbered- Army Chief 2015

uncle lalasticlala, let celebrate GEJ front page worthy.

Airforce1:
Hero of democracy

[b]We love you[/b]

Some will not take that from you Airforce1...can you modify that pls?


WE can as well be modify to I....

Happy birthday to GEJ sha.

Warris dis? my wife is more prettier.

na wao

Jonathan and Carter share a common experience as one term Presidents and have both retired involuntarily from politics while rededicating their lives towards making the world a better place.


Not voluntarily please, i think Buhari/Amaechi's hand is involved.

Former United States President Jimmy Carter has poured encomiums on Nigeria’s former President Goodluck Jonathan.

The 39th US President described Jonathan as a symbol of democracy on the African continent.

He made the remark while receiving Jonathan at the Jimmy Carter Presidential Library and Museum located at the Carter Center in Atlanta, reports Reports Afrique.

They were said to have held a fruitful meeting at the Carter Center where they held a wide-ranging discussion on global issues and shared views on how to promote peace, democracy and good governance in Africa and the world.

Speaking on Jonathan’s time in office, Carter said: “President Goodluck Jonathan is the symbol of democracy in action. You set an example that other African leaders should follow.”

The former American President also praised Jonathan for organizing a transparent election and easily conceding defeat and handing over to the opposition.

By so doing, he said that Jonathan showed his deep democratic commitment.

Responding, Jonathan said that his actions while in office were informed by his belief in a peaceful, transparent and people-oriented governance, adding that Africa can only move forward through democracy and good governance.

He commended President Carter for the exemplary manner he had in his post-presidential life, adding that he was inspired by Carter’s commitment to causes that advance the path of humanity.

Jonathan and Carter share a common experience as one term Presidents and have both retired involuntarily from politics while rededicating their lives towards making the world a better place.

They both agreed that peaceful and stable government increase foreign direct investment and sustainable development.

The Carter Center is a nongovernmental, not-for-profit organization founded in 1982 by former U.S. President Jimmy Carter and his wife Rosalynn Carter and guided by a fundamental commitment to human rights and the alleviation of human suffering.

It seeks to prevent and resolve conflicts, enhance freedom and democracy, and improve health.

Jonathan has been visiting many strategic pro-democracy institutions where he had been invited to share his experience in office as a promoter of democracy and advocate of good governance in Africa.

He had so far been hosted by the Presidential Precinct in Virginia, John Kennedy School of Government, King Center as well as the Carter Center.

While visiting the Presidential Precinct in Charlottesville Virginia, last week Jonathan assured the international community that African leaders were displaying more commitment to democracy and good governance, as a means of engendering sustainable development an improving the lives of the people.

He is scheduled to speak a long side with Former US Secretary of State Johnnie Carson about elections, peace and democracy at the National Democratic Institute, and Howard University in Washington DC.

Cc: lalasticlala

http://www.vanguardngr.com/2015/11/jonathan-symbol-of-democracy-in-africa-ex-us-president/

double wahala for dead body

okay..

FREEEMANAN:
That moment when she can't even spell but she wants to wail...