APC TO MEET TODAY OVER AUDU'S DEATH AND NEXT LINE OF ACTION

Leaders of the APC will converge on Abuja on Tuesday (today) to deliberate on the way out of a likely constitutional crisis created by the death of Audu.
It was reliably gathered on Monday that the meeting, which will be attended by members of the party’s National Working Committee, may direct the APC National Secretary,Mai Buni, to formally write INEC on Tuesday (today), informing the commission about the death of the Kogi governorship candidate.
Other national leaders of the party may attend the meeting, which will explore legal options to the crisis.
A leader of the APC, explained that the APC would seek legal advice on the next line of action following Audu’s death on Sunday, shortly after INEC declared the governorship election held on Saturday inconclusive.
According to him, legal officer of the APC and other senior lawyers will advise the APC on the alternative to the deceased candidate and the decision of INEC to declare the poll inconclusive.
The commission had said there would be rerun in 91 polling units in the state.
The APC leader stated, “What I can tell you is that we are meeting tomorrow (Tuesday) and the secretary may be directed to write INEC informing it about the death of Audu.
“We will be waiting for the commission’s response, but on our own, we will invite some senior lawyers for advice on the issue.”
Audu’s death has led to a constitutional crisis as neither the electoral act nor the constitution specifies what should be done if a candidate dies before the result of an election is declared.
Section 37 of the Electoral Act, which deals with the withdrawal of candidates, merely explains how a candidate can be replaced if such a candidate dies after nomination.
The section states, “If after the time of the delivery of nomination paper and before the commencement of the poll, a nominated candidate dies, the Chief National Electoral Commissioner or the Resident Electoral Commissioner shall, being satisfied about the fact of death, countermand the poll in which the deceased candidate was to participate and the commission shall appoint some other convenient date for the election.”
Also, Section 181 (sub-sections 1 and 2) explains what should be done if a candidate dies after he has been elected.
It states, “If a person duly elected as Governor dies before taking and subscribing the Oath of Allegiance and Oath of Office, or is unable for any reason whatsoever to be sworn in, the person elected with him as Deputy governor shall be sworn in as Governor and he shall nominate a new Deputy Governor who shall be appointed by the Governor with the approval of a simple majority of the House of Assembly of the State.
“Where the persons duly elected as Governor and Deputy Governor of a State die or are for any reason unable to assume office before the inauguration of the House of Assembly, the Independent National Electoral Commission shall immediately conduct an election for a Governor and Deputy Governor of the State.”
The Deputy National Publicity Secretary of the APC, Timi Frank, confirmed that leaders of the party would meet in Abuja on Tuesday.
He said, “Yes, we will be meeting tomorrow (Tuesday). The party will take a decision at the end (of the meeting).”
The APC national secretary, Buni, in a statement on Monday, said the party was studying INEC’s regulations, adding that it would come up with a position on the commission’s declaration of the election as inconclusive.
The party described the situation in Kogi State as a test case for the rule of law, pledging that it was committed to its promise to a sustainable democracy in the country.
It stated, “On INEC’s position that the November 21, 2015 governorship poll in Kogi State was inconclusive, APC is studying the declaration of the Returning Officer, Prof. Emmanuel Kucha, who is the Vice-Chancellor of the Federal University of Agriculture, Makurdi, based on Section M, Paragraph 4(Page 22) of INEC Approved Guidelines and Regulations for the Conduct of the 2015 General Elections.
“APC believes in the rule of law, strict adherence to the 1999 Constitution and Electoral Act 2010(as Amended). Our government is a product of the rule of law, we have absolute faith in the nation’s law and we will not in any manner undermine the law. Our observations and position will be within the laws of the land.”