Kogi scenario: AGF should head to Supreme Court


LAGOS—The death of the Kogi State governorship candidate of the All Progressives Congress, APC, Abubakar Audu, weekend, has brought to fore the need for drafters of the country’s constitution and Electoral Act to be more forward looking in preparing those documents to ensure that all scenarios are captured in the documents.

Today, the Electoral Act only provides that in case a candidate dies before an election, the Independent National Electoral Commission, INEC, is mandatorily required to postpone the poll.

It stated in section 36 “(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.”

But no provision was made for a situation, where a candidate dies during election like what has happened in Kogi State. The Electoral Act and constitution did not give the electoral body the power to pursue a specific line of action in this kind of situation, particularly where an election is inconclusive as it is in Kogi State today.
It will be recalled that INEC had declared the Kogi gubernatorial election inconclusive following the cancellation of the results of the poll in 59 polling units from 18 of the 21 local government areas of the state.
Announcing the decision on Sunday in Lokoja, the state capital, the Returning Officer for the election, Prof. Emmanuel Kucha, said the cancellation of 49,453 votes in 18 local government areas.

The issues that arose from of the Kogi scenario include, should the electoral body substitute the governorship candidate with his deputy, who only emerged a deputy by being selected by the gubernatorial candidate?

It must be remembered that the deputy did not emerge the candidate of the party and his ascending to the substantive position of governor is only when he has been sworn-in alongside the governor and death comes knocking or the governor is incapacitated, as provided by section 181 of the constitution, which provides: (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.”
Interestingly, the Kogi election was declared inconclusive before Abubakar Audu’s death, as no winner was announced by INEC.

So, what should INEC do?
The quickest and perhaps the most viable, which will placate any form of protest and to serve as a precedence is for the Attorney General of the Federation and Minister of Justice, to approach the Supreme Court straight away with an application for the interpretation of the constitution, so that the apex court can clear the coast on what should be done in the immediate, whether a fresh election should be held in the state or the APC deputy candidate should stand in place for Abubakar Audu or proffer the way forward in the interim.

Then afterwards, the National Assembly should amend the Electoral Act on what should happen, since amending the constitution is far more problematic given the processes that must be followed.

Also, to ensure that all scenarios are captured in the Electoral Act, so that we are not left gasping again, when some other thing happens in the course of election, the Federal Government, should also propose an amendment of the Act, which can be presented as an executive bill to the National Assembly proposing the required amendments to the Act.

The makers of our laws must start being broad and forward looking and make laws that will stand the test of time, so that we don’t repeat the Rotimi Amaechi’s case against Celestine Omahia, which the apex court after adjusting warned should not be cited as precedent.


News Analysis by Innocent Anaba, Head, Judiciary, Law and Human Rights


http://www.vanguardngr.com/2015/11/kogi-scenario-agf-should-head-to-supreme-court/

Hmmmmmm

The running mate will surely take the glory.

r

mailadedamola:
The running mate will surely take the glory.

Despite what you just read

The election cannot be cancelled.....that is what I am sure of....

It goes to the running mate.
Though its dicey, the best is for the court to interprete that, but after the deputy is declared.

The constitution is clear on those grounds which INEC could cancel election. Death on election day isn't inclusive.

[quote author=Dotng post=40308468]Kogi scenario: AGF should head to Supreme Court


LAGOS—The death of the Kogi State governorship candidate of the All Progressives Congress, APC, Abubakar Audu, weekend, has brought to fore the need for drafters of the country’s constitution and Electoral Act to be more forward looking in preparing those documents to ensure that all scenarios are captured in the documents.

Today, the Electoral Act only provides that in case a candidate dies before an election, the Independent National Electoral Commission, INEC, is mandatorily required to postpone the poll.

It stated in section 36 “(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.”

But no provision was made for a situation, where a candidate dies during election like what has happened in Kogi State. The Electoral Act and constitution did not give the electoral body the power to pursue a specific line of action in this kind of situation, particularly where an election is inconclusive as it is in Kogi State today.
It will be recalled that INEC had declared the Kogi gubernatorial election inconclusive following the cancellation of the results of the poll in 59 polling units from 18 of the 21 local government areas of the state.
Announcing the decision on Sunday in Lokoja, the state capital, the Returning Officer for the election, Prof. Emmanuel Kucha, said the cancellation of 49,453 votes in 18 local government areas.

The issues that arose from of the Kogi scenario include, should the electoral body substitute the governorship candidate with his deputy, who only emerged a deputy by being selected by the gubernatorial candidate?

It must be remembered that the deputy did not emerge the candidate of the party and his ascending to the substantive position of governor is only when he has been sworn-in alongside the governor and death comes knocking or the governor is incapacitated, as provided by section 181 of the constitution, which provides: (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.”
Interestingly, the Kogi election was declared inconclusive before Abubakar Audu’s death, as no winner was announced by INEC.

So, what should INEC do?
The quickest and perhaps the most viable, which will placate any form of protest and to serve as a precedence is for the Attorney General of the Federation and Minister of Justice, to approach the Supreme Court straight away with an application for the interpretation of the constitution, so that the apex court can clear the coast on what should be done in the immediate, whether a fresh election should be held in the state or the APC deputy candidate should stand in place for Abubakar Audu or proffer the way forward in the interim.

Then afterwards, the National Assembly should amend the Electoral Act on what should happen, since amending the constitution is far more problematic given the processes that must be followed.

Also, to ensure that all scenarios are captured in the Electoral Act, so that we are not left gasping again, when some other thing happens in the course of election, the Federal Government, should also propose an amendment of the Act, which can be presented as an executive bill to the National Assembly proposing the required amendments to the Act.

The makers of our laws must start being broad and forward looking and make laws that will stand the test of time, so that we don’t repeat the Rotimi Amaechi’s case against Celestine Omahia, which the apex court after adjusting warned should not be cited as precedent.


http://www.vanguardngr.com/2015/11/kogi-scenario-agf-should-head-to-supreme-court/[/quot

vanity

I

I DONT EVEN KNOW WHAT CONCERN VANGUARD IN THE SITUATION LIKE THIS THEY SHOULD STOP CONTEMPLATE AND ALLOW COMPITENCE LAWYER TO FEED US FOR GOD SAKE

I think the running mate should be sworn in based on
the fact that the election process have commenced
before his death, invalidating the votes cast is wrong
because he wasn't the owner of the mandate but the
party.
I believe the Supreme court will just apply the Mischief Rule in the Interpretation Act to arrive at their decision. Since the ACT states before or after, and not before election winner was declared, then the law will assumed that the election have taken place.
Anyway, what do I know?

omowolewa:
It goes to the running mate.
Though its dicey, the best is for the court to interprete that, but after the deputy is declared.

The constitution is clear on those grounds which INEC could cancel election. Death on election day isn't inclusive.

He didn't even die on election day, but the day AFTER

OlujobaSamuel:
I think the running mate should be sworn in based on
the fact that the election process have commenced
before his death, invalidating the votes cast is wrong
because he wasn't the owner of the mandate but the
party.
I believe the Supreme court will just apply the Mischief Rule in the Interpretation Act to arrive at their decision. Since the ACT states before or after, and not before election winner was declared, then the law will assumed that the election have taken place.
Anyway, what do I know?

was the deputy name printed on the ballot boxes? Did the people of kogi voted for the deputy or audu? Was the deputy duelly nominated or elected by his party? Bear in mind that he was just 'picked' by audu after winning party primary and the fact he didn't even pertake in the primary make matter worse. Remember,audu has not been decalared winner so,Inec might have to cancel the entire election and order for a fresh election.

I don't need journalist to interpret the law for me.
Nairaland lawyers, where are thou

Do really care to reduce your tummy fat, check my signature for details

Sure

It is unfortunate that Audu died. may his soul rest in peace.

Meanwhile, Audu was representing APC and has a deputy. therefore the deputy should continue.

|Remember the case of PDP in Rivers State where Celestine Omeha was presented and Rotimi Amechi was in court.

PDP won the election and Omeha was sworn in. When Amechi worn the case in court Omeha was removed despite the fact that Amechi did not contest the election.

Supreme court ruling was that it is the party that was voted for not person.

So, if Audu is not around, Faleke should take over more importantly that he is also a participant in the election and the party already accepted him as Deputy

Alright,will put it in mindENDTIME for the dead,GOODTIMES for those alive

Meanwhile jazz wey pass Kogi own na Angel Lucifer get am,meanwhile APC blames PDP for this,says the blood he vomitted was red,Kyrie Eleison(Lord have mercy)

The deputy should be careful because whatever killed prince Audu isn't done yet and might want to return in the part 2 of this very horror nollywood movie !


Is this not the same man that married that small girl and their pics were circulating around the web? ehyah see how he made that small girl a widow at such a young age, chai I pity his other wife and kids too.


RIP sha, may God grant them fortitude to bear their loss

mazzi:
was the deputy name printed on the ballot boxes? Did the people of kogi voted for the deputy or audu? Remember,audu has not been decalared winner so,Inec might have to cancel the entire election and order for a fresh election.

Was Audu's name printed on the ballot too? It was the party's logo that was printed on the ballot

How I wish all the corrupt politicians will keep dying like that. irrespective if political party.

I'm sorry I don't feel for him. I'm not saying RIP.

he never felt for the poor masses when he was stealing public finds and even admitted it. Only to shamelessly come to contest. And APC even endorsed him.
Bigger shame on those who even voted for him.

Nigerian youths should keep voting in old age thieves who are after their selfish ambitions then come out to shout "our leaders are failing us"

Kontinu you hear!!! The thunder that will fire you is still brushing its teeth

mazzi:
was the deputy name printed on the ballot boxes? Did the people of kogi voted for the deputy or audu? Remember,audu has not been decalared winner so,Inec might have to cancel the entire election and order for a fresh election.

Audu's name was not printed on the ballot paper.The party comes first in this situation then the candidate.

He with his ass

respect80:

Despite what you just read

#PRAYFORNIGERIA

We must refresh the election

[quote author=Goldencollins post=40309208][/quote] do you need to quote all before u make your comment? Vanity

Gobe

That's better, Audu death has thrown confusion into the polity. It's a sign that we are still learning democracy

mailadedamola:
The running mate will surely take the glory.

The party will produce another candidate, maybe the person who came second during the primaries but i doubt his deputy would be allowed cuz he didn't participate in the primary elections