The period of substitution of candidates by political party is long over. This is a lacuna. The Constitution did not envisage this. Pdp has a case. It could lead to a constitutional crisis. Wat jazz can do ehh

CyberWolf:
Was he duly elected? Who declared him winner? I don't know how you read your own law

The questions are :
1) was election conducted? YES
2) Was results announced? YES (inconclusive)
3) can he validly contest for election without a deputy? NO
Since election was conducted and results announced though inconclusive, and going by supreme Court judgement in Amaechi case that people vote for party and not individuals, also going by section 181 as stated above, d deputy we take over and he shall be swear in as the governor, given Apc eventually wins d supplementary election.

FEAR KOGI ooo.. Dia jazz no be here


You need 4 uninterrupted power-packed deliverance service to load your cure to 18%

Nigeria's democracy is taking different dimension with lots of intrigues. This sad and unfortunate incidence will provide a new platform that will bring discussants together to chart new way for our democracy.

Be that as it may, the people of Kogi state are truly mourning this great leader. Some said his fours years as governor is far better than PDP's entire period of governing the state. The people yearned for change and they had no option but to rethink giving him a second chance, but God in his wisdom decides what's best for everyone. Probably this is God's unique way of granting the citizen their wish but the big question is, who is the unknown messier God is about to unveil.

We pray and hope whoever emerge as the next governor of the state rule according to the dictate of the law and in accordance to the wishes and desire of the people.

And as for Audu, may his soul rest in peace, may God grant his family the fortitude to bear this irreparable loss. Ameen

amjoseph19:
Am still wondering the actually cause of the sudden death of prince audu.
Kogi jazz will surely give edo jazz a stiff competition.

Hahaaaaa but Edo na baba oh non go there

As 4 my opinion,d party didnt gv audu d ticket to run 4 d election alone,d reasons 4 having runing mate is because of issues lyk dis.d deputy is gud to go

englishmart:
what If he dies again?

They keep adopting another candidate.

englishmart:
what If he dies again?

They keep adopting another candidate.

onyepapa:
So who killed AUDU ? Who is trying make a yoloba man a Governor that state?

How did Jonathan become president? Not similar? Did anybody raise eyebrow? Or are there not indigenous Yoruba people in Kogi? Can't they governor?

Alphaoscar:
@ op, I beg to disagree because the part of the constitution you quoted clearly state that before the commencement of the election but in kogi state's case

1. There is a legally conducted election

2. Even the dead candidate voted and his vote was counted


3. More than 90% of the election is conducted already


4. And don't forget the candidate and his deputy contested on a joint ticket and thank God the other partner on the ticket ( faleke) is alive and well

5. The votes were voted and recorded for the party and not in the candidate's name.

6. The election to be conducted is just a supplementary election which can never void the main election.


7. election been inconclusive is not same as been invalid.

cc: adaweezy , tonyebarcanista , gbawe , Ngeneukwenu .

Your point is valid

mankan2k7:
May we not die untimely before our success.

But wait o, no be this man go marry young blood with energy to satisfy his libido. Maybe d lady don drain him blood finish and heart attack com follow join

Anyway Rip to d dead

meanwhile Buhari has just jetted out of Nigeria, may he miss d road to Nigeria while coming

What success? Should he even have contested in the first instance?

lordcabasa:




Has Audu been validly elected before his demise? If no then this section is not likely to be applicable in this instance.

it doesn't matter if Audu was duly elected. He and his deputy candidate contested and will likely be declare winner. The deputy governor candidate of APC is available to replace him..PDP should go to court but INEC should go ahead and conclude the election and if APC wins the deputy governor should be swear in as governor

Alphaoscar:
@ op, I beg to disagree because the part of the constitution you quoted clearly state that before the commencement of the election but in kogi state's case

1. There is a legally conducted election

2. Even the dead candidate voted and his vote was counted


3. More than 90% of the election is conducted already


4. And don't forget the candidate and his deputy contested on a joint ticket and thank God the other partner on the ticket ( faleke) is alive and well

5. The votes were voted and recorded for the party and not in the candidate's name.

6. The election to be conducted is just a supplementary election which can never void the main election.


7. election been inconclusive is not same as been invalid.

cc: adaweezy , tonyebarcanista , gbawe , Ngeneukwenu .

Thank for these highly informed n educated observation s

Lighthouseman:
The period of substitution of candidates by political party is long over. This is a lacuna. The Constitution did not envisage this. Pdp has a case. It could lead to a constitutional crisis. Wat jazz can do ehh

Yeah its a lacuna and will fall to d courts for interpretation but I think all d parties will want a rerun wt a new APC candidate. APC will most likely insist on a period for fresh campaigns wt d new candidate.

The only issue will be APC's mode of choosing their new candidate. I don't think INEC or d courts wld care abt their internal affairs.

This is one case, even in the second case, which is the constitution,it only talk about a situation when the governor or president in power dies, the deputy takes over

So we have a vacuum in this situation

Inec has to probably approach the court for a decision soonest for this peculiar situation, before the National assembly later amends the electoral act

Vanity upon vanity. Don't know what else a 68yr old man is looking for again in government, this was a two time governor... Call for your change of name advert in Guardian papers. N6,000. 08035034841.

missdebs:

then we will know its truely ENDTIME election

Misdeeds, been a while. Wassup naw?

Bern1992:
I dont even see any law in Nigeria

Ayodee2:

The questions are :
1) was election conducted? YES
2) Was results announced? YES (inconclusive)
3) can he validly contest for election without a deputy? NO
Since election was conducted and results announced though inconclusive, and going by supreme Court judgement in Amaechi case that people vote for party and not individuals, also going by section 181 as stated above, d deputy we take over and he shall be swear in as the governor, given Apc eventually wins d supplementary election.

Nope, there is a Law. The decision of the Supreme Court in PDP VS INEC in 1999 regarding Atiku Abubakar and Boni Haruna, their must be fresh nomination. Falake stands disqualified

9jatatafo:
Now our constitutional lawyers have a big task of interpreting the significance of what happens after the death of Audu Ogbeh

Alphaoscar:
@ op, I beg to disagree because the part of the constitution you quoted clearly state that before the commencement of the election but in kogi state's case

1. There is a legally conducted election

2. Even the dead candidate voted and his vote was counted


3. More than 90% of the election is conducted already


4. And don't forget the candidate and his deputy contested on a joint ticket and thank God the other partner on the ticket ( faleke) is alive and well

5. The votes were voted and recorded for the party and not in the candidate's name.

6. The election to be conducted is just a supplementary election which can never void the main election.


7. election been inconclusive is not same as been invalid.

cc: adaweezy , tonyebarcanista , gbawe , Ngeneukwenu .

The Audu's Deputy governorship candidate is just the substantive governor awaiting his confirmation by INEC. There is no way INEC can stop the process since the electoral law mentioned the period after nomination and before election.

The only way to stop his declaration is if Wada wins the remaining units which elections is planned to hold. There is no way Wada can win all the votes and have a simple majority over APC with the remaining wards. APC wont let it happen.

The funniest thing was i never wanted neither Audu nor Wada as Kogi governor but fate made it so.

This is what you get when a party keeps deceiving the people with change mantra....change-change-change everywhere yet all it does is to keep fielding same very old crop of politicians that had been ruling and embezzling public funds since time immemorial.

nwakibe:
The question is 'who is going to replace him at the pol?' will APC conduct a fresh primary election or will the running-mate replace him?

Fresh primary ke. APC folks said primaries were over in Taraba, I think same applies here abi

Royruky:


The Act does not allow for replacement at this stage. The election will be conducted without the participation of APC

Does the Act calls for fresh election not to talk of party not participating? This is where the Supreme court needs to step in.

End time death

yommen:


How did Jonathan become president? Not similar? Did anybody raise eyebrow? Or are there not indigenous Yoruba people in Kogi? Can't they governor?

Nna Ehn... The bolded na DIE

This is another academic exercise for our SAN/Lawyers.

9jatatafo:
Now our constitutional lawyers have a big task of interpreting the significance of what happens after the death of Audu Ogbeh

Audu Ogbeh

I think it is the party that matters in this present scenario...election has been held just a few part of the state is to vote to conclude the process, the party should allow his deputy to carry go! The man is another Goodluck in Naija

Realdeals:
What The Electoral Acts Says About The Death Of a Candidate




http://www.newsheadlines.com.ng/latest-news/2015/11/22/what-the-electoral-acts-says-about-the-death-of-a-candidate/

cc: lalasticlala, Ishilove

Unfortunately this doesnt apply to 'marigayi' Abubakar Audu's case.

"SECTION 36 - Death of a candidate - (1) If after the time for the delivery of nomination paper AND BEFORE THE 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."

adanny01:


The Audu's Deputy governorship candidate is just the substantive governor awaiting his confirmation by INEC. There is no way INEC can stop the process since the electoral law mentioned the period after nomination and before election.

The only way to stop his declaration is if Wada wins the remaining units which elections is planned to hold. There is no way Wada can win all the votes and have a simple majority over APC with the remaining wards. APC wont let it happen.

The funniest thing was i never wanted neither Audu nor Wada as Kogi governor but fate made it so.

Thanks and God bless you jare. permission to copy this ?

l hope Gbenga Arulegba will assemble some seasoned lawyers tomorrow to tell us d position of the law.

As a layman who do not even have a copy of the constitution, I think the guy who came second in the Apc primary election
will be the next candidate of the party.

In any case, AIT and Channels will help me out tomorrow.

bakila:

Nope, there is a Law. The decision of the Supreme Court in PDP VS INEC in 1999 regarding Atiku Abubakar and Boni Haruna, their must be fresh nomination. Falake stands disqualified

Election has already been held. But in the Haruna's case it was prior to the election.

adanny01:


The Audu's Deputy governorship candidate is just the substantive governor awaiting his confirmation by INEC. There is no way INEC can stop the process since the electoral law mentioned the period after nomination and before election.

The only way to stop his declaration is if Wada wins the remaining units which elections is planned to hold. There is no way Wada can win all the votes and have a simple majority over APC with the remaining wards. APC wont let it happen.

The funniest thing was i never wanted neither Audu nor Wada as Kogi governor but fate made it so.

You are so on Point! If INEC should stop the election, they will be creating bigger constitutional problems than the present one!