CONDUCT FRSH ELECTION IN KOGI STATE WITHIN 14 DAYS..EBUN ADEGBORUWA

PRESS STATEMENT ON KOGI ELECTIONS

THE FACTS:

An election was conducted on November 21, 2015, to determine and elect the governor of Kogi State. For that election, the two major candidates were the incumbent governor, Captain Idris Wada of the People's Democratic Party and Mister Abubakar Audu, of All Progressive Congress.
The election was eventually declared inconclusive by INEC, although Audu was leading on the votes counted, at the time.
Suddenly on Sunday November 22, it was announced and confirmed that Audu had died.

LEGAL ARGUMENTS

The combined effect of sections 181, 221 of the 1999 Constitution and sections 33 and 36 of the Electoral Act is for the INEC to conduct fresh elections. Since results had not been declared officially and no clear winner had emerged before the death of Audu, his ticket cannot be swamped with somebody else, notwithstanding that he ran a joint ticket with his deputy then.

From these sections, it is clear that the death of a candidate before the result of the election is officially announced and declared, is to abort that election. It terminated the process completely. In the eyes of the law presently, the Kogi State Governorship election is inconclusive and aborted; it is inchoate and nobody can claim to derive any benefit therefrom.
The confusion, needless litigation and controversy that may trail the substitution or otherwise of Mister Abubakar, are better avoided. And there's no way the People's Democratic Party or Captain Idris Wada, can claim any benefit under such circumstances.

While I sympathize and commiserate with the Audu family, the people of Kogi State and Nigeria, the current incident has thrown up a big challenge for the National Assembly and the General Buhari Administration, to execute a holistic programme for the urgent reform and overhaul of our electoral system, as promised during the campaigns.

I therefore call upon INEC to prepare to conduct fresh elections in Kogi State, within fourteen days hence.

Ebun Adegboruwa is a Legal Practitioner an d Human right lawyer