₦airaland Forum

‪#‎ TheScoopLegal‬: Audu’s death: The three options for INEC
If the unconfirmed reports concerning the reported death of the APC Governorship Candidate at the elections just declared
inconclusive by the Independent National
Electoral Commission (INEC) prove to be true then the country may have been
thrown into a completely unprecedented constitutional quagmire.
The extraordinary event of a Candidate (in clear lead) dying after the elections but
before being declared as duly elected is NOT contemplated by the Constitution.
There are three options available to INEC in the circumstance:
(1) Declare Abubakar Audu as the winner of the elections and the Deputy Governor is subsequently sworn in.
The first option available to INEC is to conclude the elections at a later date with Abubakar Audu as the Candidate of the APC and if as I expect, he wins the
election, INEC will then declare him the winner and his Deputy Governor will be
subsequently sworn in as Governor to comply with the Constitution.
This view is supported by the judicial attitude that leans towards party consideration rather than the individual candidate. The courts have ruled several times that it is the party that is voted for,
and not the candidate. If therefore a party is on the verge of winning an election, handing over the victory to the party in 2nd place due to the death of the winning party’s flag bearer will do injustice to that principle.
(2) Cancel the elections and conduct fresh elections
The second and probably safer option is to cancel the entire election and conduct
fresh elections in 90 days or as soon as practicable. Considering that the tenure of the current governor expires on January
28, which is less than 90 days away, it means that if INEC goes for this option, the Speaker of the Kogi Assembly will be sworn in as Acting Governor. This option is considered safer so as not to create the
precedent of conducting elections with a dead candidate on the ballot.
(3) Declare Captain Wada as the winner of the elections.
The last option is to consider the votes cast for Abubakar Audu as frustrated by the event of his unfortunate death and
declare the second person, likely Captain Wada as the winner.
This option which is
without any justification is workable only in the unlikely event that Wada also won ¼ of the total votes in 2/3rd of the Local
Government Areas in Kogi State.
- Orji Agwu Uka, Legal Analyst for The Scoop NG
cc lalasticlala

The deputy governor candidate of APC should swear in as governor because he contested the election. Wada can't be declare winner when he lost the election

(1) Declare Abubakar Audu as the winner of the elections and the Deputy Governor is subsequently sworn in.
The first option available to INEC is to conclude the elections at a later date with Abubakar Audu as the Candidate of the APC and if as I expect, he wins the
election, INEC will then declare him the winner and his Deputy Governor will be
subsequently sworn in as Governor to comply with the Constitution.
This view is supported by the judicial attitude that leans towards party consideration rather than the individual candidate. The courts have ruled several times that it is the party that is voted for,
and not the candidate



The above option seem more realistic, given the emboldened.

Raiders:
The deputy governor candidate of APC should swear in as governor because he contested the election. Wada can't be declare winner when he lost the election

Mumu

This op is making sense.

End Time Options

Raiders:
The deputy governor candidate of APC should swear in as governor because he contested the election. Wada can't be declare winner when he lost the election

From the first paragraph of the post thread you responded with the above post stated that election has been declared inconclusive. I do not think that democracy practiced by human beings allows for such declaration after the election has been marked inconclusive.

Duru1:
From the first paragraph of the post thread you responded with the above post stated that election has been declared inconclusive. I do not think that democracy practiced by human beings allows for such declaration after the election has been marked inconclusive.

PDP does not have any mathematically chance to win the rerun election in the affected wards unless the voter turn out 100% and they all vote for PDP 100%

YOU CANNOT CONTINUE ELECTION WITH A DEAD CANDIDATE, THE DEPUTY CANNOT STAND FOR ELECTION BECAUSE HE NEVER CONTEST PRIMARIES

dustmalik:
(1) Declare Abubakar Audu as the winner of the elections and the Deputy Governor is subsequently sworn in.
The first option available to INEC is to conclude the elections at a later date with Abubakar Audu as the Candidate of the APC and if as I expect, he wins the
election, INEC will then declare him the winner and his Deputy Governor will be
subsequently sworn in as Governor to comply with the Constitution.
This view is supported by the judicial attitude that leans towards party consideration rather than the individual candidate. The courts have ruled several times that it is the party that is voted for,
and not the candidate



The above option seem more realistic, given the emboldened.

denko:
YOU CANNOT CONTINUE ELECTION WITH A DEAD CANDIDATE, THE DEPUTY CANNOT STAND FOR ELECTION BECAUSE HE NEVER CONTEST PRIMARIES

Your argument is flawed. They share a joint-ticket, so, technically, they are one and the same. Why then is a vice-president or deputy governor allowed to assume an office, should the President or Governor dies?

dustmalik:
Your argument is flawed. They share a joint-ticket, so, technically, they are one and the same. Why then is a vice-president or deputy governor allowed to assume an office, should the President or Governor dies?

u dey mind d guy, educate him more pls

There are several ways to interprete it, d case of ladoja -akala can also be sighted but I think d issue will go down to d second aspirant in d primaries which d party itself may adopt as d last resort which d guy will be asked to resign after sometime in d office because apc likes Audi's deputy from all indications.
I think d issues will be more on party choice, primary, conclusion of present election and deputy palava