₦airaland Forum

adaweezy:
Tinubu cant impose his will
Yahaya Bello is our candidate

Why didn't you go to court when Faleke who (by your claim) does not know anything about Kogi politics was made running mate to Audu?

adaweezy:
He cant be running mate.......

Bello Yahaya must be running mate to Faleke else APC will lose to PDP.

adaweezy:
You are the one insinuating tribalism
I am not Igala, its only proper that peeps that contested the primaries have a right to the ticket since the election has not been concluded.
Faleke would remain deputy governor QED

Bello Yahaya should be running mate to Faleke who has won the election for APC. Period.

merry02:
Is this a military regime? Y would they detaing them without trial in a competent court?

What do you know about democracy? Go and sit down , my friend. People have fleeced this country of monies running into trillions and you are talking of democracy. Don't allow me to e-slap you o.

adaweezy:
Who knows Faleke in Kogi state
INEC deals with Political Parties and not candidates, who is advising Faleke??

Why didn't you go to court when Faleke was made running mate to Audu? Audu/Faleke cooked the food and you don't want Faleke to chop but want your brother who was no where near the fire to come and chop, abi? Stop that tribal politics, my friend!

seunmsg:
Ordinarily, this matter should not generate so much controversy as it it currently generating if politicians are ready to do the right thing irrespective of personal interest. Audu and Faleke contested jointly and won the election. After Audu's death, it's only normal for Faleke to step up and take over the mandate.

Bringing in Yahaya Bello after over 90% of the election had been concluded and won is very pointless. It can never withstand any legal scrutiny. APC should do the right thing and stop courting trouble.

GBAM!!!

adaweezy:
are you not tired ?Faleke did not participate in the primaries

Yahaya Bello is not Audu's running mate.

justjify:
Justice seeker, keep seeking for what isn't yours, keep seeking for what's has eluded you.

That's your opinion.

EricDonn:
Faleke should go for broke, stake all, let him withdraw from d race let's see if Bello and another deputy can inherit those votes. Faleke pls fight for ur right, this is time to show that u are a man, kogi is not part of Tinubu's empire for him to do d job for you

Gbam!

How OBJ looted Nigeria: https://www.nairaland.com/1580013/derivation-deprivation-ii-ill-gotten-wealth

adaweezy:
PDP supporter

Is Faleke a PDP member? Please, let us not allow parochial interest to becloud sound judgement.

justjify:
Chief, let him step down ojarey. I wish you and Faleke the best. Enjoy tour deputy position, Ok?

Its up to Faleke. I'm only seeking justice on his behalf.

coolhamid:
Dude, politics is all about being loyal. If I am in faleke's shoes, I would listen to the party. Afterall, without the party's support he won't have been nominated as Audu's running mate in the first place. He may not have the support of the party today due to the reasons best known to the party elders, but the truth is that when a bigger opportunity present its in future, the same party elders that didn't support him now may choose to support him then.

Future is a wish, now is reality.

adaweezy:
Faleke would lose in a new election

No qualms. Just give him his due.

coolhamid:
So faleke can go against the party directives right ? The party decision is final and he must abide by the party final decision or he can move to another party to actualize is ambition.
FYI, I am not APC or PDP member. Just stating the facts.

Good. Faleke should step down if denied the mandate.
FYI, I am not APC or PDP member, just agitating for fairness and justice. It could be you or me tomorrow.

dmighty:
Sir, unfortunately, Law does not see it that way..Faleke is not the flag bearer, and can not be substituted except on One Condition: If they had been declared winner b4 d demise of d Gov elect...that is really funny.

We should note that the law too did not capture accurately this "force majeure" condition hence the natural law of justice should be applied. That is, Faleke who is running mate to Audu takes Audu's position, while any other person APC deems fit should join Faleke to complete the team, to enable Faleke conclude the race which he started with Audu, to honour Audu who chose him as his running mate.

Audu's death is a "force majeure". And since all electoral requirements were fulfilled by Audu and Faleke before the commencement of the election, Faleke should be allowed to conclude the race in the interest of fairplay, equity and justice. Yahaya Bello who is the new entrant in the race should be Faleke's running mate. Period.

adaweezy:
And faleke can be the flag bearer from the new primaries

Of course, yes. Some people should not use "force majeure" to settle political scores.

Chukazu:
logically, that makes sense,but lawfully PDP will be in better position to walk against that, so going by INEC's advice it's better for APC replace Audu with a candidate other than Falake. it's complicated situation even lawyers are puzzled

Yea, I get you.

Since all requirements were fulfilled by APC before the unfortunate incident (force majeure), replacing Audu does not mean a new entrant taking the position of Audu but that APC should add another contestant to Faleke to form the team, to complete the election. The person added need not be the main actor since there was deputy (or running mate) in the race before the addition.

I feel those putting Yahaya Bello ahead of Faleke has their own personal interest different from what they want us to believe.

coolhamid:
You didn't read the part of the constitution which states that the party has the power to field another candidate that participated in the Primary election in this kind of situation? Dude faleke knows that in a situation like this, the party is supreme and he has no case against the party. The party can choose to field any candidate provided that such candidate was part of the Primary Election.Faleke would have had a case to prove in the court of law if AUDU was the declared the winner of the election by INEC and APC is trying to replace him, but that is not the case at hand now. The election is yet to be concluded and faleke was never part of the Primary Election

Faleke has a strong case. All requirements were fulfilled before the commencement of the election. He is to continue the mandate of the party. If the party sees him as inconsequential in the race, then he should step down.
Fresh primaries and fresh election by all political parties would be the way to go should Faleke be relegated to the background.

justjify:
As long as I know you are only spewing jibberish if you don't back up your frivolous claims citing the provisions of the constitution.
The did has been done for fairness and the good of democracy, there's nothing you and your meagre Faleke supporters can do about it. Heading to the court will amount to wasting if time and resources.
Dream on dreamer.
Wail on wailer

If you think Faleke is inconsequential because he has meagre supporters, then Faleke will step down so that Yahaya Bello with his multitude of supporters can start a fresh election in order to be fair to democracy.
Opportunistic dreamer!

coolhamid:
By induction , nothing like by induction in the constitution. Constitution never states that in the case of death of the governorship candidate, the running mate should be allowed to continue " by induction". This is the constitution stance , “-(1) A political party seeking to nominate candidates for elections under this Act shall hold primaries for aspirants to all elective positions.
(2) The procedure for the nomination of candidates by political parties for the various elective positions shall be by direct or indirect primaries.” And the constitution is supreme. Faleke never participated in the Primary Election, he was only picked by Audu as his running mate.Which means he is not qualified according to the constitution

The quoted section is only valid before the commencement of an election. And if we must obey it, then fresh primaries and fresh election must be conducted.

coolhamid:
Nice post , its so disheartening that the so called learned ones on Nairaland are calling on faleke to go to court so as to claim his mandate.
_
If APC should make the mistake of fielding faleke as a replacement for Audu, then PDP would surely have a strong case in the court of law because Faleke never participated in the primary election.
Fair Plus is the right choice...

I beg to disagree with you. Faleke having been running mate to Audu, by induction is qualified to step into Audu's shoes in this situation because it was Audu/Faleke ticket. The issue of primaries and whatever, are requirements before the commencement of the election proper. And now that the election has reached 90% conclusion, the running mate (Faleke) does not need primaries to be declared governorship candidate. If Faleke was qualified to be running mate to Audu, he should also be qualified to step into Audu's shoes in this present circumstance.

Whatever reasons proponents of Yahaya bello have, should be reserved until the constitution and electoral acts are amended.
For now, give Faleke the chance to conclude the election as governorship candidate, while Yahaya Bello should be his running mate.

Good. Hope other African leaders will follow suit.

OP, I agree with you.

Faleke is the rightful candidate to take Audu's place. Period.
Whatever reasons put forward that Faleke is not qualified is after thought. Such reasons would have been put forward before the commencement of the election.

Faleke for APC governor, Kogi State.

Does that stop GEJ from being an world peace ambassador?
The beefing of some riff raffs can not remove an iota of dignity and respect from GEJ.

justjify:
I realise you are hell bent on seeing that Faleke is the gubernatorial candidate for your personal and selfish reason and not for the overall good of the electoral process and democracy.
By the way, I only quoted ONE section of the constitution and the rest were electoral act. Open your eyes to reality and stop being blinded by your selfish interest.



Is this a joke or what? There's no provision (in the constitution or electoral act) for the oldest PDP or APC member. If there is, jamace, I challenge you to quote it for all to see

You are the one claiming blindness towards the obvious. I beg you to put your interest aside and see the reality.
You may suggest your ideas to the legislature during constitutional/electoral act amendments as input. The reality is that Faleke is the rightful person to assume the position of the APC governorship candidate of Kogi State.

skidskid:
baba by what injunction has faleke passed through the primaries?? was his name on the ballot sheet @ the primaries? did inec clear him to contest primaries? did he score any vote during primaries it's like saying osibanjo partook in primaries they were selected after their ogas had won the primaries. faleke would have had a case only if inec had declared audu the winner thus he would have been declared deputy gov elect & would have been recognised by the constitution.
sorry for faleke but the constitution doesn't recognise deputy gov aspirant, he's heeding to bad advice because if he goes to court and loses. then his political career is over,
*if (sorry when). he loses the case his position as deputy gov becomes untenable & he would be impeached.
*if he withdraws from the electoral process now it cannot result in cancellation of the polls because like I said he wasn't elected via primaries but selected after consultations thus APC reserves the right to announce a replacement
*if I were him I'd play the loyal party man card to the core, earn he party's trust, garner a good rapport within the state (after all he is new to the state politically). and ensure am governor in 8years time #simple

All the sections of the constitution and electoral act you are making inference to do not answer the Kogi scenario.

The excuse that a candidate can not hold 2 positions in an election does not suffice either. Kogi situation is a unique one. Faleke moving from running mate to chief contestant does not amount to holding 2 positions in an election because of the situation. Constitutionally and according to the electoral law, Audu and Faleke are the most senior APC members in Kogi State while any other member was subordinate to them. Therefore, at the death of Audu, Faleke becomes the chief contestant(most senior) and any other member joining the team should be subordinate to Faleke.

On Faleke as APC governorship contestant I stand, and that is law and justice.

The constitution and electoral act have no answer to the Kogi scenario.

The excuse that a candidate can not hold 2 positions in an election does not suffice either. Kogi situation is a unique one. Faleke moving from running mate to chief contestant does not amount to holding 2 positions in an election because of the situation. Constitutionally and according to the electoral law, Audu and Faleke are the most senior APC members in Kogi State while any other member was subordinate to them. Therefore, at the death of Audu, Faleke becomes a chief contestant(most senior) and any other member joining the team should be subordinate to Faleke.

On Faleke as APC governorship contestant I stand, and that is law and justice.

Audu's son should go and sit down. Kogi election is not part of his inheritance.

justjify:
I have no interest young man lemmie school you a little,
you should know that Section 181(1) of the
Constitution of the Federal Republic of Nigeria would
have been invoked. It says ‘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 so why should faleke be
declared the APC gubernatorial candidate?
However, Section 33 of the Electoral Act is wide
enough to accommodate this 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).
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.
I hope you find this instructive.

All the sections of the constitution you quoted above do not answer the Kogi scenario.

The excuse that a candidate can not hold 2 positions in an election does not suffice either. Kogi situation is a unique one. Faleke moving from running mate to chief contestant does not amount to holding 2 positions in an election because of the situation. Constitutionally and according to the electoral law, Audu and Faleke are the most senior APC members in Kogi State while any other member was subordinate to them. Therefore, at the death of Audu, Faleke becomes a chief contestant(most senior) and any other member joining the team should be subordinate to Faleke.

On Faleke as APC governorship contestant I stand, and that is law and justice.

Exactly.
It was Audu/Faleke ticket hence the 2 have become one. It means Faleke is equals to Audu(scientifically and politically speaking). It therefore means that Faleke can step into Audu's shoes at any time of the process, from beginning to the end.
The issue of passing through primaries does not hold in this case because by induction, Faleke has passed through the primaries with Audu hence qualified to become deputy gov and finally governor.