₦airaland Forum

limamintruth:
And that was why I stated that the said section(as quoted by the O.P) does not apply to Abubakar Audu's case. Its obvious you didnt understand my post; lol.

The only viable & legally appropriate alternative is for inec to cancel the whole election, fix a new date for a fresh election & give apc a short period of time within which to chose(& submit to inec the name of) a new governorship candidate for the party.
This is the only acceptable way out.

bakila:
Unfortunately on the decision of PDP vs INEC a 1999 decision of the Supreme Court where the court held that they swim or sink together at the stage of contesting the election. They however have different right after a declaration. Unfortunately at this point there is no declaration and Nigeria will have to spend more money to conduct another election.
This matter is however a novel area of Law that may produce a pronouncement from the courts.

lummyguy:
Please educate us on d rulings... we are laymen in our little wisdom our sabi Learned bros

clefstone:
I thought those guys(e.g lasisi) that comment with 'end time' r childish. But with the way tins r turning out in this world now, it's fair to tag the Kogi election as:



END TIME ELECTION

bakila:
I am Lay too. Summery- INEC wrote to Atiku that they will conduct a bye-election for Governorship election of Adamawa State which he won with Boni Haruna as running mate before they were sworn in. The decision of INEC was because Atiku had accepted to be running-mate to Obasanjo. PDP and Boni Haruna went to court up to the Supreme Court.
The Law- The big Court said that where a Governor or deputy dies before conclusion of election there should be nomination of new candidates to be presented to INEC.
Nairaland comment- the position above will be subject of being referred to as an obiter-dictum and a new interpretation provided on the facts. Some lawyers may earns millions from the misfortune of PRINCE AUDU's FAMILY in the processes.

Alphaoscar:
Are they not still at the stage of the contest? The man died towards the point of declaration and the main election has been conducted already what remain is just the conclusion of the election in a selected part of the state which constitute less than 10%.

okonjoshua:
GUYS TINUBU AT WORK,its bein said dat tinubu masterminded his death with the cook of audu

NgeneUkwenu:
Why are you dodging me?

NgeneUkwenu:
How? By INEC?

bakila:
Yap, it is a 1999 affair.

okonjoshua:
GUYS TINUBU AT WORK,its bein said dat tinubu masterminded his death with the cook of audu

baby124:
You better don't start a useless rumour. Ode. You think this life has time for stories? When it's your time, if you like hide underground, death will come and meet you there

damton:
This could open door to a major intra-party squabbles within the Apc

NgeneUkwenu:
INEC gave the Certificate of Return to Atiku and not Haruna!

Next! What happens to the constitutional time limit by which parties must nominate their candidates before an election?

janellemonae:
Clearly u are dumb. If d deputy wanted d governorship by force, he wld have waited for Audu to win and he steps in. Everyone knows Igalas (who are d majority) only vote their own. Wt this situation, even if he's on d ballot, it might motivate pple to vote wada in d rerun.

damton:
This could open door to a major intra-party squabbles within the Apc

NgeneUkwenu:
Why would INEC give the APC short time to nominate? Does INEC have their own constitution? So the new candidate will not have enough time to campaign? INEC will be creating a bigger constitutional issue, if they go ahead to cancel the election!

luvbeloved:
Two things are involved....its either the next party with the highest number of votes is sworn in or INEC conducts fresh elections.

limamintruth:
Providing a period within which a fresh election shall hold is solely for inec to decide. But note that election is required to be held not earlier than 60days & not later than 30days before the expiration of the term of office of the last holder of that office; hence the new election date must be in accordance with the aforestated proviso.

And controversy will occur only if the electoral body decides to proceed with the partly concluded election by transferring Abubakar Audu's votes to the new governorship flagbearer apc will chose. Thus, holding a fresh election as soon as practicable is the only viable alternative.
Thank you very much. That's all we need to hear and not these children in nairaland. Let our SANs find a way to close this lacuna in our constitution. Remember, no constitution in the world is complete. Goodnight

.....
Also, the constitutional provision below is indeed of interest:

"178(3)Where in an election to the office of Governor of a State one of the two or more candidates nominated for the election is the only candidate after the close of nomination, by reason of the disqualification, withdrawal, incapacitation, disappearance or death of the other candidates, the Independent National Electoral Commission shall extend the time for nomination."

.....
Notable lawyers have also shared same view on the issue as seen thus,:

http://www.vanguardngr.com/2015/11/kogi-lawyers-divided-over-fresh-polls-or-conclusion-of-inclusive-exercise/

"There should be fresh election – Braithwaite
Speaking on the issue Sunday, Second Republic politician and legal icon, Dr Tunji Braithwaite said the demise of Prince Abubakar calls for a fresh governorship election in Kogi.

Dr Braithwaite’s views were shared by Barr Bisi Adegbuyi, a stalwart of the Afenifere Renewal group, ARG.
”There is nothing other (than) holding another election. APC should be allowed to present another candidate. Since the election has not been concluded, the Deputy Governorship candidate cannot take his place, he is not the candidate,” he said."

(Hassan Liman S.A.N also gave same legal view during his interview on channels tv today). Goodnight.

limamintruth:
Providing a period within which a fresh election shall hold is solely for inec to decide. But note that election is required to be held not earlier than 60days & not later than 30days before the expiration of the term of office of the last holder of that office; hence the new election date must be in accordance with the aforestated proviso.

And controversy will occur only if the electoral body decides to proceed with the partly concluded election by transferring Abubakar Audu's votes to the new governorship flagbearer apc will chose. Thus, holding a fresh election as soon as practicable is the only viable alternative.

.....
Also, the constitutional provision below is indeed of interest:

"178(3)Where in an election to the office of Governor of a State one of the two or more candidates nominated for the election is the only candidate after the close of nomination, by reason of the disqualification, withdrawal, incapacitation, disappearance or death of the other candidates, the Independent National Electoral Commission shall extend the time for nomination."

.....
Notable lawyers have also shared same view on the issue as seen thus,:

http://www.vanguardngr.com/2015/11/kogi-lawyers-divided-over-fresh-polls-or-conclusion-of-inclusive-exercise/

"There should be fresh election – Braithwaite
Speaking on the issue Sunday, Second Republic politician and legal icon, Dr Tunji Braithwaite said the demise of Prince Abubakar calls for a fresh governorship election in Kogi.

Dr Braithwaite’s views were shared by Barr Bisi Adegbuyi, a stalwart of the Afenifere Renewal group, ARG.
”There is nothing other (than) holding another election. APC should be allowed to present another candidate. Since the election has not been concluded, the Deputy Governorship candidate cannot take his place, he is not the candidate,” he said."

(Hassan Liman S.A.N also gave same legal view during his interview on channels tv today). Goodnight.

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 .

Dbisector:
DEATH OF A GOVERNOR ELECT BEFORE TAKING OATH OF OFFICE
According to the 1999 Constitution as amended, 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.
(2) Where the persons duly elected as Governor and Deputy Governor of a State die or are for any reason unable to assume office before the inauguration of the house of Assembly, the Independent National Electoral Commission shall immediately conduct an election for a Governor and Deputy Governor of the State.

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

clefstone:
I thought those guys(e.g lasisi) that comment with 'end time' r childish. But with the way tins r turning out in this world now, it's fair to tag the Kogi election as:



END TIME ELECTION

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

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 .

modath:
Providence has ensured that a non Igala would govern Kogi cos going by the majority Igala stand that neither of the Ebira/Okun will be at the helms of affairs & would prefer a laggard Igala to a performing non Igala....

This can only come from powers beyond human comprehension..