CONFUSION: APC, PDP, AGF, INEC, CONSTITUTION, LAWYERS...

No doubt, the death of Prince Abubakar Audu,  APC Govvernorship candidate,  in the inconclusive governorship election in Kogi state have thrown many into confusuion.

INEC.: The Independent National Electoral Commission, INEC on Tuesday said it will allow the All Progressives Congress, APC, to substitute Prince Audu Abubakar, its Kogi governorship candidate who died on Sunday just before the result of the gubernatorial election held the previous day was declared inconclusive.

INEC in a circular to all the 22 political parties that participated in the inconclusive gubernatorial election, signed by Augusta Ogakwu, Secretary to the Commission, said it will go ahead to conduct supplementary polls in the remaining 91 polling units where elections were either not conducted or cancelled on the Saturday.

The commission said it took the decision to allow APC replace Audu after “due considerations of the circumstances,” following information it received on Monday about the death of the gubernatorial candidate from its party.

AGF: The Attorney General of the Federation and Minister for Justice, Abubakar Malami, had earlier spoken in the same vein.

Mallami, who spoke at a seminar organised by the Nigerian Law Reform Commission on the reform of the National Environmental Standards and Regulation Enforcement Agency Establishment Act,‎ agreed with INEC that the Kogi election has to be concluded.

According to him, the APC would only have to substitute its candidate for the purpose of the supplementary election, but refused to say if the APC’s deputy governorship candidate in the election, James Abiodun Faleke, would automatically step in as the candidate.

APC:While expressing his condolences to the family of Audu on behalf of APC worldwide, Oyegun said the Anthony General of the federation has made it public that the APC should replace the late candidate, so as a party, we are going to proceed with process of organising primaries to provide a substitute candidate for the late Abubakar Audu,” the party chairman declared.

CONSTITUTION:  Section 141 of the Electoral Act states that an Election Tribunal or Court shall not declare a person who did not participate in all the stages of the election as the winner.

LESSION: that section 141 does not envisage substitution of a deceased candidate.

By virtue of Section 85 of the Electoral Act 2010 (as amended), a political party must give INEC 21 days notice before it can hold convention (primaries) to nominate its candidate. This rule is mandatory. Failure to comply renders the convention a nullity.

NOTE: Can APC meet this requirement?

NO or YES? I think is no. The law does not allow for that because INEC must hold supplementary elections in the 91 outstanding polling units within 14 days from the days Abubakar Audu died.

ALSO: Fundamentally, Section 33 of the Electoral Act is very clear‎ that in case of death, the right for substitution by political a political party is sustained by the provisions of section 33 of the Electoral Act.

“And if you have a community reading of that section with Section 221 of the Constitution, which clearly indicates that the right to vote is the right of a political party and and the party in this case, the APC has participated in the conduct of the election.

“It is therefore apparent that ‎the combination community reading of the two provisions does not leave any room for conjecture.

“APC as a party is entitled to substitution by the clear provisions of section 33 of the Electoral Act.

“Also Section 221 of the Constitution is clear that the votes that were cast were cast in favour of the APC.

“Arising from that deduction, it does not require any legal interpretation. The interpretation is clear: APC will substitute, which right has been sustained by Section 33 of the Electoral Act. So be it. The supplementary election that has to be conducted along the line,” said Mallami - AGF

NATURAL REPLACEMENT: Naturally, Alhaji Yahaya Bello, the first runner-up in the last All Progressive Congress (APC) governorship primary election in Kogi State which produced the late Prince Abubakar Audu would have been the best option.

Malami said that the runner-up in the party primaries that produced Audu would be appropriate to replace him.

But as fate will have it, the so called runner-up, Alhaji Yahaya Bello is no more APC member.

AUDU'S RUNNING MATE:The Attorney General of the Federation and Minister of Justice, Abubakar Malami on Tuesday interpreted that Audu’s running mate in the election cannot be automatically fielded as the governorship candidate for the final election.

On the fate of Mr. Audu’s running-mate, James Faleke, the APC national chairman said it would be decided after conducting fresh primary election. - John Oyegun

PDP: The Peoples Democratic Party (PDP) has rejected the Independent National Electoral Commission (INEC) position that the All Progressives Congress (APC) should provide another candidate in replacement for its governorship candidate in Kogi State, Prince Abubakar Audu, who died last Sunday.
The PDP said the implication of the INEC's decision is that the APC would be fielding two candidates for one election, stressing that it is an attack on democracy and unknown practice in the country’s politics.