₦airaland Forum

LAWYERS to the Independent National Electoral Commission (INEC) have, in a legal opinion forwarded to the commission, asked it to cancel the inconclusive November 21 election in Kogi State.
The law firm of Awomolo and Associates, in the legal opinion submitted to the commission on November 24, 2015, said with the death of Abubakar Audu as the governorship candidate of All Progressives Congress (APC), the electoral commission should have cancelled the election and started a fresh process.
The legal opinion, signed by five Senior Advocates of Nigeria (SAN), Adegboyega Awomolo, A.B. Mahmoud, Dr Onyechi Ikpeazu, Hassan M. Liman and Ahmed Raji, indicated that the crisis over the inconclusive election could have been averted if INEC had countermanded the election and kicked off a fresh process.
The lawyers said in the 10-page letter that since the constitution did not envisage the death of a candidate during an election and since no candidate had been duly elected, the commission should have simply cancelled the entire process.
According to the lawyers, the Kogi scenario had failed to meet the conditions under Section 179 of the 1999 Constitution and also failed to meet the circumstances contained in Section 36 of the Electoral Act 2010, which indicated what was to be done if a candidate dies before the commencement of polls.
“The foregoing frontally deals with a situation where poll had not been commenced. This section did not anticipate a situation where poll had commenced but was not concluded.
“Though it may be argued that the section is not on all fours with the present case, it could, however, be contended that for the reason that ‘poll’ is yet to take place with respect to the polling units over which supplementary election is scheduled (which is yet to commence), the principle within that section could still be applicable.
“If the latter scenario is adopted, then, clearly, there will be a need to countermind the poll and indeed the entire process cancelled.
“The foregoing is supported by a combined effect of sections 178(1)(1),186,187(1) of the Constitution, which stipulate that there must be a candidate for the office of a governor as well as a candidate for the office of a deputy governor before a nomination can be valid,” the letter read.
The counsel concluded that the way out for INEC was to cancel the inconclusive poll.
“We are of the opinion that the best option in the circumstances is to countermand the election to the office of the governor of Kogi State, call for a nomination of another governorship candidate of the All Progressives Congress and schedule another date for election in all the 21 local government areas of the state,” they added.
Meanwhile, all is now set for Justice Gabriel Kolawole of the Federal High Court in Abuja, to deliver judgment on the contentious issues that emanated from the November 21, 2015 governorship election in Kogi State, which was declared inconclusive by the INEC.
At the resumed hearing of the matter on Thursday, counsel for all parties adopted and argued their various briefs for and against the decision of INEC to proceed with the December 5, 2015 supplementary election.
The court also heard arguments from counsel on the burning issues with respect to declaratory reliefs sought by the contending politicians and their political parties.
Specifically, while Governor Idris Wada is urging the court to compel INEC to issue him a certificate of return as the only surviving candidate with the highest number of votes in the election, James Faleke, on the other hand is also, asking the court to order INEC to declare him winner of the election.
Other plaintiffs in consolidated suits, Emmanuel Idakwo, John Jacob Usman and Honourable Emmanuel Igbokwe had, in their various suits, asked the court to compel the electoral body to contact fresh election in the state following the death of Alhaji Abubakar Audu, the governorship candidate of the APC in the election.
In canvassing their various arguments, counsel for INEC, Yahaya Bello and the APC submitted that the court has no jurisdiction to adjudicate on the issues raised by the plaintiff, saying that the appropriate court is the election petition tribunal.
On the other hand, Falake’s counsel, Chief Wole Olanipekun, Pius Akubo for PDP and Chris Uche for Captain Wadadisagreed on the ground that since no candidate had been declared winner, the matter could not be heard by the election petition tribunal.
After hearing submissions of counsel in the protracted suits, the trial Judge, Justice Kolawole, slated today for judgment.


http://tribuneonlineng.com/kogi-election-should-have-been-cancelled-%E2%80%94inec-lawyers

Several disagreements and contradictions with this Issue.
No one can actually foresee the end to this matter.

APC disagrees with APC.
APC disagrees with PDP.
APC disagrees with Court.
Court disagrees with PDP.
PDP disagrees with Court.
INEC lawyers Disagree with INEC.

#Idonotwantanyonetocomeandshout endtimecase here.

HALLOWED:
Several disagreements and contradictions with this Issue.
No one can actually foresee the end to this matter.

APC disagrees with APC.
APC disagrees with PDP.
APC disagrees with Court.
Court disagrees with PDP.
PDP disagrees with Court.
INEC lawyers Disagree with INEC.

#Idonotwantanyonetocomeandshout endtimecase here.

But that's what it is.
End time case