₦airaland Forum

my question now is, is inec going to conduct fresh election instead of supposed supplementary election now that Audu is dead? lawyers in d house over to u

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

And I duly answered if only you'll carefully read my post without bias.

Any date less than 3months is a short period madam. On the average, it takes political parties at least a year to chose their party's flagbearer (via primaries), submit the candidate's name to inec & then conclude the campaigning stage.
Hence, if any party is given less than 3months to carry out all the aforementioned, that to all, is a 'SHORT PERIOD'. Comprend'e?

janellemonae:
Tunji braithwaithe & Afenifere are PDP members, who have everything to GAIN from this death. They wld have lost this election.

Unless you can prove otherwise, Abubakar Audu died of natural causes. So no need to infuse si.lly sentiments the issue at hand.

Or is Hassan Liman(S.A.N) also a pdp member Cos he said the same thing as Tunji Braithwaite on channels tv(yesterday).

This is a very sad dimension in the run-up to the governorship election in Kogi State. Be that as it may and since the Electoral Law is silent on what to do, I sincerely believe that the most credible thing to do in this regard is to revert to "DON" "Doctrine of Necessity" which was used to ease the logjam that we as a nation found ourselves in the terrible sickness of President Yar-Adua (of blessed memory). With that, we were able to wriggle out of the situation which allowed Dr. Goodluck Jonathan assuming the leadership of the nation.
In the case on hand, Mr. Abiodun Faleke the running mate to Alhaji Abubakar Audu should be called upon to step up as the Governorship candidate while the re-run of election in the affected LGs should be concluded based on the already counted votes.

Ayodee2:
STOP MISLEADING PEOPLE.
BELOW IS THE DETAILS OF THE CASE, BONI HARUNA VS INEC

By Chris Agbiti
Only a few Nigerians can still, perhaps,
retain in their memories the event of July 16,
1999, no thanks to our collective malady of
amnesia. So, what happened on July 16,
1999? A brief narration of the chain of
events culminating in the said event of 16th
July, 1999 under review may be necessary
for a proper grasp of the lesson. The locale
was in Adamawa State of Nigeria.
The dramatis personae consisted of Atiku
Abubakar, Boni Haruna and two other
gentlemen. Alhaji Atiku Abubakar and his
running mate had just won the governorship
election of Adamawa State under the
platform of PDP in an election conducted by
INEC.
However, before their swearing in, the then
PDP Presidential candidate, Chief Obasanjo,
just out of prison and desperately in need of
a strong political machinery to realize his
presidential ambition saw the usefulness of
Atiku Abubakar as head of the political
structure of late Yar’Adua and thus,
persuaded him to renounce his mandate and
be appointed his running mate.
Upon his acceptance of the offer of
Obasanjo’s running mate by Atiku, INEC
as the electoral umpire officially wrote to
Atiku of its decision to conduct a
Bye_Election to fill the governorship vacancy
he had left behind. However, Boni Haruna,
the Deputy governor Elect, and the PDP,
would have non of the INEC decision to
conduct another election, as according to
them, the fact of Boni Haruna’s victory at
the poll had already conferred on him
certain constitutional rights that entitled him
to be automatically sworn in as the Governor
following Atiku’s abandonment of his
mandate.
And so, to the court they all went to
ventilate their grievances. The matter
commenced at the Federal High court and
raged on until it finally berthed at the apex
court. At the Supreme Court, it became
necessary for the court to interpret Section
45 of the then Decree 3 of 1999 (now the
1999 constitution) which provides for the
conditions under which a Deputy Governor
may be sworn in as Governor. According to
the said Section, a Deputy Governor shall
only be sworn in on the occurrence of such
eventualities as “death, resignation,
impeachment, permanent incapacity or
removal for any other reason”.
It never contemplated such abandonment as
happened in Atiku’s instance. However,
finding itself in such a challenge demanding
the assertion of its role of social
engineering, the Supreme Court, in a split
decision, felt a need to advance a remedy,
albeit uncanny, to the strange constitutional
ailment, and, EUREKA, came the ultimate
remedy that became the commencement of
a political terminal disease for Atiku.
The Learned Justices of the Supreme Court,
per UWAIS CJN (as he then was) found
succor in the dictionary definition of the
word, “ DIE” which according to him
finds synonyms in, “ breath one’s
last, deceased, depart, expire, finish, decay,
decay, decline, disappear, dwindle, ebb, end,
fade, lapse, vanish, wane, wilt, wither, fizzle
out” and finally decided that even though
Atiku was biologically alive, his renunciation
of his mandate as Governor-Elect to run with
Chief Obasanjo as Vice President, in
effect, had the same consequence as â
€œdie” within the contextual meaning of
the dictionary definition of death given
above.
And thus, Atiku was, in effect, pronounced
judicially dead, thereby clearing the coast for
Boni Haruna to be sworn in as the Governor.
While the above Supreme Court judgment
might, probably, have been treated with the
usual exchange of banter by Atiku and his
acolytes, it is doubtful whether he ever took
time to reflect soberly on the spiritual
implication of such weighty pronouncement
handed down from the sacred temple of
justice. Ever thought of why court is
regarded as a “Temple of justice”?

You are the one who misleading yourself. Is there a Judge of the Supreme Court by the name of Agbiti? Did he consider the judgement of the Court of Appeal? Did he consider the argument of Chike Chigbue, A B Mahmud or Akpamgbo? Does what you have above appears to you like a decision of the Supreme Court?
I repeat the name of the case is PDP and Boni Haruna as Appellant and INEC, APP, Bala Takaya and Abdulrahman as Respondent. Expand your research to Supreme Court appeal no SC. 66/1999 the views of Uwais.
You should not mislead yourself.
WAS ANYONE DECLARED AS THE WINNER OF THE KOGI ELECTIONS? If no was how can anyone be declared as Governor? The views of Uwais is "there are three stages in the process of the person contesting election to become governor or deputy governor the first stage is up to the holding of election. The second is after being elected but pending the assumption of office.....During the first stage if th gubernatorial candidate dies or withdrew from the elections it seems that there has to be fresh nomination of a gubernatorial candidate and his running mate.....it again appears if the running mate suffers the same disabilities the gubernatorial candidate must nominate another running mate."
Stop the sentiment let's face reality.

limamintruth:
And I duly answered if only you'll carefully read my post without bias.

Any date less than 3months is a short period madam. On the average, it takes political parties at least a year to chose their party's flagbearer (via primaries), submit the candidate's name to inec & then conclude the campaigning stage.
Hence, if any party is given less than 3months to carry out all the aforementioned, that to all, is a 'SHORT PERIOD'. Comprend'e?




Unless you can prove otherwise, Abubakar Audu died of natural causes. So no need to infuse si.lly sentiments the issue at hand.

Or is Hassan Liman(S.A.N) also a pdp member Cos he said the same thing as Tunji Braithwaite on channels tv(yesterday).

You didn't mention others SANS who have contrary views?

isacolukay:
Misdeeds, been a while. Wassup naw?

been cool

NgeneUkwenu:
You didn't mention others SANS who have contrary views?

....
Culled from nl frontpage today:-

DONSMITH123:
Lawyers yesterday told the Independent Electoral Commission (INEC) that the death of the governorship candidate of the All Progressives Congress (APC) does not invalide the on-going election in the state.

They urged INEC to allow the deputy governorship candidate of the APC, Abiodun Faleke, to conclude the on-going election.

The former Chairman of Nigerian Bar Association (NBA), Ikeja Branch, Monday Ubani; a member of the Ogun State Judiciary Service Commission, Abayomi Omoyinmi and a lecturerý of Law at University of Lagos (UNILAG), Akoka, Wahab Shittu said the process should be concluded.

Ubani said: “Since the Electoral Act didn’t specifically provide for things like this happening in the course of an election, we would have to make recourse to the judicial pronouncement in the case of Rotimi Amaechi where the Supreme Court said in an election, it is the political party that is the beneficiary of election and not the candidate. That is why Amaechi that didn’t contest elections was sworn in.

“In this situation, the deputy governorship candidate would have to step in to conclude the process. If he wins the election, the APC would then decide on another deputy for him”.

According to Ubani, the time to choose a candidate through primary election had lapsed for all the political parties and it is not possible for any of the parties to go for primaries anymore.

Omoyinmi said: “In the eyes of the law, the deputy should ordinarily conclude the re-run election for the office of the governor and it is now left for him to pick a new running mate”.

Omoyinmi said the kind of situation in Kogi was not envisaged.

Shittu said the matter could be viewed from different perspectives.

Shittu said since the election was declared inconclusive, the running mate should be allowed to step in and conclude the process of the supplementary election.

This, he said, has become necessary because the electoral law did not envisage such an incident–Audu’s death.

On the other perspective, he said since it is the ýparty that fields the candidate, and that since the election has turned this way, the party would have to replace the governorship candidate.

“Which means that election might be conducted afresh. The death of a candidate during the process of an election automatically voids the election. It is not a question of an election being inconclusive. The entire electoral process is now altered with the death of the governorship candidate,” he said.

Constitutional lawyer and Senior Advocate of Nigeria (SAN) Malam Yusuf Ali said the situation in Kogi is “very complex, because the election has been declared inconclusive”.

He said: “If he had won the election outright, it would have been a different matter, but with the way things are, it is very delicate.”

Chief Niyi Akintola (SAN) said: “There can be fresh election. INEC can only conduct supplementary election in the 91 polling units. The death of Audu cannot nullify the election. It was APC that contested the governorship election not Audu as an individual.”

Akintola explained that it is left to the APC to pick another candidate from among those that contested the governorship primary with Audu or ask the deputy governorship candidate, James Faleke to take over.

“The decision lies with the APC,” he added.

The presidential candidate of the United Progressive Party (UPP) in the last general elections, Chief Chekwas Okorie, said it was a very shocking development that threw everybody off-balance.

He said: “ From every indication, it is a political party that wins an election; the result so far released suggests that the people of Kogi State are favourably disposed to an APC government to be in-charge of affairs in the next four years. What it therefore means is that the APC still has a chance, even his death, to govern the state, based on the result already declared.

“So, they should follow up the supplementary election with the same atmosphere of peace that we witnessed in last Saturday’s election. If their choice is the APC, then let the APC rule them in the next four years.”

Cc: lalasticlala

http://thenationonlineng.net/lawyers-to-inec-death-of-apc-candidate-does-not-invalidate-election/

However, note that Amaechi's case cited by Barr. Abayomi Omoyinmi above does not in anyway relate to Abubakar Audu's case & the Barrister also erred in quoting a single submission by the supreme court in isolation.
The determining issue is 'who the party's rightful governorship candidate is as at the time of election'.
Note that the 'rightful candidate' here is that contestant who lawfully wins his party's primary election to become the gubernatorial flagbearer.
Note also that Rotimi ameachi was the winner of pdp gubernatorial primaries in his time (making him the rightful candidate). And this was solely why the supreme court confirmed him as the
governor.
{The facts of Rotimi Amaechi's supreme court case is available online for all to read & understand}.

Therefore, these two scenarios cannot be compared cos while a amaechi was the rightful candidate of his (then) party by virtue of him being the winner of the primaries; Abubakar Audu's deputy cannot be regarded as the 'rightful candidate' candidate of apc in this partly conclusive election since he is not the lawful winner of apc's governorship primaries.

Hope you understand my post?

o42austino:
he is not going to win the election will go into rerun. He was leading wada with 41,000 votes, their was no election in wadas unit which has 49,000voters, do the math and see that their will be Rerun.

And it's not possible for wada to win the total cast vote

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 .

and what about the Taraba's Election, i guess it was for the candidate and not the party
Typical APC man

[quote author=mankan2k7 post=40310159][/quote]Your stewpeedity is God given...

[Slow poke idiot]Your stewpeedity is God given...[/quote]