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Nairaland Forum / Nairaland / General / Politics / Kogi Elections: Fresh Election is Unconstitutional,Substitution is the Answer! (608 Views)
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Kogi Elections: Fresh Election is Unconstitutional,Substitution is the Answer! by GoodGovernance: 8:41am On Nov 24, 2015 |
I am very disappointed that lawyers,including SANs, are advocating for fresh election as a result of the death of Audu Abubakar. Does the electoral act or the constitution considers death as one of the criteria for outright cancellation of an election already held and order for a fresh election? THE ANSWER IS CAPITAL NO! So what should be the solution? very simple! The constitution and electoral act supports the substitution of a candidate to contest an election.Applying Ameachi's case,what INEC should do is to simply allow APC to substitute the living with the dead,among those that hitherto contested the APC primaries,to conclude the elections.Legally speaking the votes were for APC and NOT Audu Abubakar(refer to Ameachi's case),more so when the later is dead. APC is still alive! Unfortunately Faleke is not qualified to step into the shoes of Audu Abubakar by virtue of the provisions of the electoral act as amended,because he never took part in any primary election! Conclusion A fresh election would be unconstitutional.Death is not a ground for cancellation of an election that has already held!.APC should substitute Audu Abubakar with another candidate that contested the earlier primary,to carry on with the APC mandate at the supplementary election. WE DO NOT HAVE TO BE AMENDING CONSTITUTION FOR EVERY UNFORESEEN CIRCUMSTANCE. 1 Like |
Re: Kogi Elections: Fresh Election is Unconstitutional,Substitution is the Answer! by Raiders: 8:50am On Nov 24, 2015 |
GoodGovernance:The implication of their argument is that if a candidate from a small party like ACCORD dies during election and his Party is losing election then the election should be cancel and conduct a fresh election because a governship candidate dies. Don't mind those illiterate SAN and Professors. Besides INEC don't have the power to cancel an election only the courts can cancel election results 2 Likes |
Re: Kogi Elections: Fresh Election is Unconstitutional,Substitution is the Answer! by modath(f): 9:09am On Nov 24, 2015 |
Raiders: That was the question Nneota posed to the charge & bail lawyer on Sunrise daily " what if it had been another party" ... Can you believe this illiterate lawyer was arguing that the election should be cancelled cos it won't go down well with the Igalas.. That they wouldn't like a minority ruling them!!!! Was just SMH!! |
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