₦airaland Forum

masseratti:
if you eliminate anyone na prison be your house, the totality of the election is what is inconclusive but the results of other areas have being announced and it cannot be cancelled,Audu and Faleke won in those areas.

masseratti:
if you eliminate anyone na prison be your house, the totality of the election is what is inconclusive but the results of other areas have being announced and it cannot be cancelled,Audu and Faleke won in those areas.

TonyeBarcanista:
Since the death of Audu Abubakar, the Governorship candidate of APC and the leading candidate in the yet-to-be concluded Kogi state Governorship election, tongues have been wagging and opinions have been divided on what should be the next line with respect to the said election. To some, the election should be outrightly cancelled because the Governorship candidate of APC is gone. To some others, the APC should be disqualified for having 'No Candidate', while some others opined that the APC should nominate a new governorship candidate to complete the process.

Firstly, the election can't be cancelled because INEC has NO power according to the Electoral Act (2010) and the 1999 Constitution to cancel any election when declared. It lies with the COURT. The only way election can be cancelled is when both the Governorship and Deputy Governorship candidates of a political party dies. In this case, the Deputy Governorship candidate of APC, James Faleke is still alive. Hence, INEC has no choice but to continue with the process.

Secondly, APC followed the legal process in the nomination of Audu Abubakar and Hon James Faleke as the Governorship and Deputy Governorship candidates respectively. The Electoral Act never prescribe disqualification of political party on account of death of its Governorship or Deputy Governorship candidate. Considering that the Electoral Act and Supreme Court judgement maintained that political parties not candidates stand for election, it simply means APC remains in the race and in pole position to form new Kogi state government when Idris Wada's tenure elapse despite the demise of Audu.

Why Hon James Faleke Should Succeed Audu
That established, the next is who should succeed Audu Abubakar as APC candidate? Let us recall that the Electoral Act and Constitution was silent on what should happen in the event that a Governor-elect denounce his mandate before his inauguration as at 1998. When Atiku Abubakar rescinded his mandate for the VP candidate of Segun Obasanjo of PDP, INEC felt there was need for a fresh PDP candidate for a new election. PDP and the Adamawa state Deputy-Gov-elect Boni Haruna as then was went to court. The SC ruled that PDP won the election with Atiku/Haruna as candidates, and in the eyes of the law, Atiku was 'dead'. Hence, Haruna should replace Atiku as PDP Governorship candidate and be sworn-in as Adamawa state Governor. After the judgement, the Electoral Act and Constitution were amended to reflect the SC interpretation. In this situation, considering the fact that the law allows for the Deputy to succeed his/her boss in the event of death of the Governor-elect (after election has been concluded) and the Governor (after inauguration), it is only normal and in accordance with the positions of the SC judgements and the law tthat Hon James Faleke, the APC Kogi state Deputy Governorship candidate be upgraded to the substantive Governorship-candidate of APC, while the party nominates a new running mate.

The Position of Running Mate Is For Purpose Like This
We also have to realise that the purpose of running mate is not to 'fill space' but to step-in in case of any eventuality of the main candidate. This is why the VP assumes the role of President in event of death, and not the runner-up in the Presidential election. It is also the reason the VP-elect assume the position of President-elect in event of death of the President-elect and not the runner-up of the election. This is same reason the APC Deputy Governorship-candidate of Kogi state (James Faleke) will/should assume the position of Governorship-candidate and not the runner-up in the APC Primary election. Hence, the APC should 'do the needful and nominate a new Deputy-Gov candidate.

A Fresh Primary Is Illegal and Unconstitutional
However, should APC elect for a fresh primary, then that will amount to illegality as no section of the Electoral Act and the Constitution give room for primary when election is ongoing. I believe that the court will nullify it. It is my belief that the only legitimate thing is for Faleke to be made the candidate.

Why I'm Behind Hon James Faleke's Ascension:
My position on this subject is precipitated on the need for being on the side of justice irrespective of who the beneficiary may be. Justice is justice, there is no basis for opposing justice because it doesn't favor our ethnic or political scheme. For those against Faleke on basis of his non-Igala heritage, I urge you to accept the new development for in the interest of the state.




May God Bless Us All and Bless Kogi state.

honeywealth75:
Since joining nairaland this is d first tym i will see a thread by Tonye written with unbias mind.

Or the guy wan decamp cum APC.?

udeh3:
Owerri-base Legal Practitioner, Barr Stanley Chukwu, said: ”The present situation arising from the death of Audu, the APC gubernatorial candidate in Kogi has created an unprecedented situation
not envisaged in the 1999 Constitution of the Federation as Amended. While Section 181 of the
Constitution envisaged a situation where if a Governor elect dies before taking oath of office his
deputy is to take over. Subsection 2 of section 181 provides that where both the Governor elect
and his deputy die before taking oath of office, that there will be a flesh election.

”The Kogi situation is that the Gubernatorial candidate died at a time election has not been
concluded and supplementary election is to be conducted so that a winner would be declared. In
this scenario, APC no longer have a gubernatorial candidate for the supplementary election. In
fact, supplementary election would be a waste of time. Audu’s running mate cannot step into his
shoe. There is no provision in the Electoral Act or the Constitution that assigned any role to a
running mate upon the demise of the Gubernatorial candidate before declaration of winner. The
only option is for an a flesh election to be conducted in which APC will field a candidate. Again,
this is one scenario which our law fail to envisage and there is now the need to take care of it in
future constitutional amendment.

”The argument that it is the party that stands for election will not fly when you analogically
consider section 181(2). of the Constitution which orders for fresh election where both the
Governor Elect and Deputy Governor elects die before taking oath of office. If the Constitution
recognises the party above the candidate, it would have simply required the Party to field a new
Governor-elect and Deputy Governor elect but instead, the Constitution required a new election.
So in this case, since Audu has not been declared, his running mate can only be seen and not
reckoned with. The only option now is conducting a fresh election.”

This is the best option otherwise, some intending deputies can take advantage on this to eliminate the suppose party flag bearer knowing fully the benefit awaiting them!

TonyeBarcanista:
Since the death of Audu Abubakar, the Governorship candidate of APC and the leading candidate in the yet-to-be concluded Kogi state Governorship election, tongues have been wagging and opinions have been divided on what should be the next line with respect to the said election. To some, the election should be outrightly cancelled because the Governorship candidate of APC is gone. To some others, the APC should be disqualified for having 'No Candidate', while some others opined that the APC should nominate a new governorship candidate to complete the process.

Firstly, the election can't be cancelled because INEC has NO power according to the Electoral Act (2010) and the 1999 Constitution to cancel any election when declared. It lies with the COURT. The only way election can be cancelled is when both the Governorship and Deputy Governorship candidates of a political party dies. In this case, the Deputy Governorship candidate of APC, James Faleke is still alive. Hence, INEC has no choice but to continue with the process.

Secondly, APC followed the legal process in the nomination of Audu Abubakar and Hon James Faleke as the Governorship and Deputy Governorship candidates respectively. The Electoral Act never prescribe disqualification of political party on account of death of its Governorship or Deputy Governorship candidate. Considering that the Electoral Act and Supreme Court judgement maintained that political parties not candidates stand for election, it simply means APC remains in the race and in pole position to form new Kogi state government when Idris Wada's tenure elapse despite the demise of Audu.

Why Hon James Faleke Should Succeed Audu
That established, the next is who should succeed Audu Abubakar as APC candidate? Let us recall that the Electoral Act and Constitution was silent on what should happen in the event that a Governor-elect denounce his mandate before his inauguration as at 1998. When Atiku Abubakar rescinded his mandate for the VP candidate of Segun Obasanjo of PDP, INEC felt there was need for a fresh PDP candidate for a new election. PDP and the Adamawa state Deputy-Gov-elect Boni Haruna as then was went to court. The SC ruled that PDP won the election with Atiku/Haruna as candidates, and in the eyes of the law, Atiku was 'dead'. Hence, Haruna should replace Atiku as PDP Governorship candidate and be sworn-in as Adamawa state Governor. After the judgement, the Electoral Act and Constitution were amended to reflect the SC interpretation. In this situation, considering the fact that the law allows for the Deputy to succeed his/her boss in the event of death of the Governor-elect (after election has been concluded) and the Governor (after inauguration), it is only normal and in accordance with the positions of the SC judgements and the law tthat Hon James Faleke, the APC Kogi state Deputy Governorship candidate be upgraded to the substantive Governorship-candidate of APC, while the party nominates a new running mate.

The Position of Running Mate Is For Purpose Like This
We also have to realise that the purpose of running mate is not to 'fill space' but to step-in in case of any eventuality of the main candidate. This is why the VP assumes the role of President in event of death, and not the runner-up in the Presidential election. It is also the reason the VP-elect assume the position of President-elect in event of death of the President-elect and not the runner-up of the election. This is same reason the APC Deputy Governorship-candidate of Kogi state (James Faleke) will/should assume the position of Governorship-candidate and not the runner-up in the APC Primary election. Hence, the APC should 'do the needful and nominate a new Deputy-Gov candidate.

A Fresh Primary Is Illegal and Unconstitutional
However, should APC elect for a fresh primary, then that will amount to illegality as no section of the Electoral Act and the Constitution give room for primary when election is ongoing. I believe that the court will nullify it. It is my belief that the only legitimate thing is for Faleke to be made the candidate.

Why I'm Behind Hon James Faleke's Ascension:
My position on this subject is precipitated on the need for being on the side of justice irrespective of who the beneficiary may be. Justice is justice, there is no basis for opposing justice because it doesn't favor our ethnic or political scheme. For those against Faleke on basis of his non-Igala heritage, I urge you to accept the new development for in the interest of the state.



May God Bless Us All and Bless Kogi state.

masseratti:
chai,you no dey hear word leave that Folake girl alone, she no wan do na b force?

ndcide:
1, The elections were not concluded, hence the cases cited by Tonyebarcanista doesn't totally apply.

2, The deputy didn't run in the primary election. He was selected. Picking a deputy is a different game altogether. Inec don't have procedures for such selection. It's absolutely under the control of the party.

3, both late Audu and Faleke have not been elected at this point.

georjay:
okay o but whaz the fuss about nominating an igala man to replace audu....since apc is leading by 40000 votes and the total registered voters in dekina lga is 49000...of which all the 49000 voters cannot come out to vote even if apc nominate an igbo man to step in for audu
so apc should just go with faleke or yahaya

Olufemiolaolu:
Inec erred big time. The no of voters wt pvc in dekina is 25000, they ought 2 av declared Audu d winner on this basis.

Bigprozzie:
Lalasticlala Seun

This thread deserves FP

This is a detailed analysis and quite enlightening too

@ Barca

I will encourage you to continue with this new found spirit. Like Passingshot advised you, stay in the middle, there is a market for it.

PassingShot:
Lol!
Barcanista is too smart to be playing blind opposition especially the kind that is offered by PDP presently.

TonyeBarcanista, the only area I don't agree with you on this thread is your position that it is illegal for APC to do another primaries to select another candidate. The necessity for the intended primary is a result of unforseen circumstance which was not provided for in the law. So, I don't think it will be illegal to do one. However, I support that Faleke should be allowed to fly the party's flag with the election almost won by a joint ticket with Audu.

TonyeBarcanista:
Since the death of Audu Abubakar, the Governorship candidate of APC and the leading candidate in the yet-to-be concluded Kogi state Governorship election, tongues have been wagging and opinions have been divided on what should be the next line with respect to the said election. To some, the election should be outrightly cancelled because the Governorship candidate of APC is gone. To some others, the APC should be disqualified for having 'No Candidate', while some others opined that the APC should nominate a new governorship candidate to complete the process.

Firstly, the election can't be cancelled because INEC has NO power according to the Electoral Act (2010) and the 1999 Constitution to cancel any election when declared. It lies with the COURT. The only way election can be cancelled is when both the Governorship and Deputy Governorship candidates of a political party dies. In this case, the Deputy Governorship candidate of APC, James Faleke is still alive. Hence, INEC has no choice but to continue with the process.

Secondly, APC followed the legal process in the nomination of Audu Abubakar and Hon James Faleke as the Governorship and Deputy Governorship candidates respectively. The Electoral Act never prescribe disqualification of political party on account of death of its Governorship or Deputy Governorship candidate. Considering that the Electoral Act and Supreme Court judgement maintained that political parties not candidates stand for election, it simply means APC remains in the race and in pole position to form new Kogi state government when Idris Wada's tenure elapse despite the demise of Audu.

Why Hon James Faleke Should Succeed Audu
That established, the next is who should succeed Audu Abubakar as APC candidate? Let us recall that the Electoral Act and Constitution was silent on what should happen in the event that a Governor-elect denounce his mandate before his inauguration as at 1998. When Atiku Abubakar rescinded his mandate for the VP candidate of Segun Obasanjo of PDP, INEC felt there was need for a fresh PDP candidate for a new election. PDP and the Adamawa state Deputy-Gov-elect Boni Haruna as then was went to court. The SC ruled that PDP won the election with Atiku/Haruna as candidates, and in the eyes of the law, Atiku was 'dead'. Hence, Haruna should replace Atiku as PDP Governorship candidate and be sworn-in as Adamawa state Governor. After the judgement, the Electoral Act and Constitution were amended to reflect the SC interpretation. In this situation, considering the fact that the law allows for the Deputy to succeed his/her boss in the event of death of the Governor-elect (after election has been concluded) and the Governor (after inauguration), it is only normal and in accordance with the positions of the SC judgements and the law tthat Hon James Faleke, the APC Kogi state Deputy Governorship candidate be upgraded to the substantive Governorship-candidate of APC, while the party nominates a new running mate.

The Position of Running Mate Is For Purpose Like This
We also have to realise that the purpose of running mate is not to 'fill space' but to step-in in case of any eventuality of the main candidate. This is why the VP assumes the role of President in event of death, and not the runner-up in the Presidential election. It is also the reason the VP-elect assume the position of President-elect in event of death of the President-elect and not the runner-up of the election. This is same reason the APC Deputy Governorship-candidate of Kogi state (James Faleke) will/should assume the position of Governorship-candidate and not the runner-up in the APC Primary election. Hence, the APC should 'do the needful and nominate a new Deputy-Gov candidate.

A Fresh Primary Is Illegal and Unconstitutional
However, should APC elect for a fresh primary, then that will amount to illegality as no section of the Electoral Act and the Constitution give room for primary when election is ongoing. I believe that the court will nullify it. It is my belief that the only legitimate thing is for Faleke to be made the candidate.

Why I'm Behind Hon James Faleke's Ascension:
My position on this subject is precipitated on the need for being on the side of justice irrespective of who the beneficiary may be. Justice is justice, there is no basis for opposing justice because it doesn't favor our ethnic or political scheme. For those against Faleke on basis of his non-Igala heritage, I urge you to accept the new development for in the interest of the state.




May God Bless Us All and Bless Kogi state.

Ikology:
PROTECTION(SEEKER)

agabusta:
Barcanista I thought you are a blind PDP follower.

kaycid77:
Best word to describe this guy called tonyebarcanista..... He is literally begging for Daily Bread in Nairaland...