pfadom:


The quoted section of the constitution is not applicable to Audu's case. The election has been conducted but simply inconclusive, and he was leading the poll. The votes cast goes to the party not the candidate. Late Chief Adefarati of AD in the 2011 presidential election is a clear example.

tuniski:
perhaps, the case of GEJ playing out in Kogi. However, the supplementary votes might just be protest votes to return Wada rather than validate Faleke. Whichever way, we have a real scenario on our hand.

modath:



But do you see PDP getting a minimum of 42k votes to equal the difference in votes let alone outclassing the APC? The chances of that is between zilch & none...

We have a real dicey situation though, no one ever saw this in a million years...

Waiting for TB Joshua to tell us how he predicted this several moons ago.

kahal29:


That is it:

"The results so far declared shows that APC was leading by 41,000 votes. INEC has said the supplementary election, which is not necessary, should take place in 91 polling units. The number of registered voters in those units is 49,000. Out of this, 25,000 have PVCs. If all of them vote for PDP, which is unlikely, the result won’t be enough to stop APC’s victory. Therefore, INEC should not have declared the election inconclusive in the first place”.

http://thenationonlineng.net/no-election-in-91-units/

Naff24:
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.

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.

fowowe411:
Then they should adopt you....

englishmart:
what If he dies again?

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.

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

Jamesking08:
"...Section 181 of the 1999 Constitution allows the Deputy of a duly elected Governor to be sworn in as Governor if the Governor dies before he is sworn into office. . . .But if the person dies before he is duly elected or while the election is inconlusive the 1st runner up at his party primary election, 40-year billionaire politician, Alhaji Yahaya Bello becomes the candidate of the party. . . By virtue of this INEC is expected to invite Alhaji Yahaya Bello to contest against PDP's Captain Wada"---Audu's Deputy is very unlucky

Naff24:

Buh we all know he's gonna win, cause he's leading at present

NgeneUkwenu:


I asked you a question regarding time limit for party's nomination of candidate and you are talking about fixing the election...

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

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

teebaxy:
Ope oooo, we go learn new thing politically before the year runs out

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 .

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 .

advocatebaba:
. Ogbeni, d one wey u learn 4school neva do u, u won kon use Audu as a course... R.I.P 2D DEAD

stankezzy:
Nigerians are not dumb , we are waiting to see what will happen , if the votes were recorded for the party and not individual then in taraba state the pdp governor was chased out that he did not do the primarys then their joint ticket will pave way for his deputy or still pdp will bring in a new person to take over the office.
NIGERIANS ARE NOT DUMB , WE ARE WATCHING.

stankezzy:
Nigerians are not dumb , we are waiting to see what will happen , if the votes were recorded for the party and not individual then in taraba state the pdp governor was chased out that he did not do the primarys then their joint ticket will pave way for his deputy or still pdp will bring in a new person to take over the office.
NIGERIANS ARE NOT DUMB , WE ARE WATCHING.

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 .

pfadom:


The quoted section of the constitution is not applicable to Audu's case. The election has been conducted but simply inconclusive, and he was leading the poll. The votes cast goes to the party not the candidate. Late Chief Adefarati of AD in the 2011 presidential election is a clear example.

janellemonae:


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.