Death of Audu and Legal Opinion on the Kogi legal challenge.
Can d deputy governorship candidate of my party Apc be sworn in after the re run and can the re run hold without a governorship candidate?
The answer is subject to different interpretation.
Section 181(1) of d 1999 constitution said if a person DULY ELECTED as gov dies before taking d oath of office the person dully elected as deputy governor elect shall be sworn in as Governor.
Here in kogi before the painful death of audu there was no Gov or deputy elect declared or dully elected before d death.
Also section 36 of Elecroral act said that if d governorship or deputy candidate dies after nomination/b4 voting starts, Inec shall order a fresh poll in 14days. NOW OUR LAW DID NOT ENVISAGE A CANDIDATE CAN DIE AFTER COMMENCEMENT OF POLL AND BEFORE A WINNER IS DECLARED.
For people who said the apc can bring a candidate to just contest for the few polling units they have to Also remember the amended provision in the electoral which says nobody can be declared winner in an election which he did not fully participate in all d processs.this is for those who said a new guber candidate can be fielded to complete the inconclusive part of d election.
To order a fresh poll will be closer to section 36 of EA as the election cannot hold with a deputy gov candidate who has no gov candidate.
In which case inec will order a poll in 14 days with APC fielding a new guber candidate or the Inec can still continue the poll for d remaining unit without a guber candidate in which case this logjam will still be decided by the court.
By:Ikenga Imo Ugochinyere.
Head Ikenga Imo Ugochinyere Chambers.08034913080
FROM ANOTHER LAWYER Alex Nnanna Nwoha Williams TO CKN NEWS
The issue is there was an inconclusive election as declared by INEC in Kogi and given the demise of Audu now, Section 36 of the Electoral Act 2010 (as amended) will apply without difficulty. The issue of Deputy does not arise because the election was inconclusive and so no Governor/Deputy Governor elect. They were still candidate and running mate before Audu died. The party is therefore unfettered to pick any qualified member as its candidate. In other words the election is starting denovo for APC, I wrote 'for APC' because other parties don't have the same latitude to bring in any other candidates except those already nominated. The voters register will not be reviewed again except to correct existing data of existing/verified voters. If INEC had declared APC winner, Audu's Deputy would have been sworn in and allowed to pick his Deputy in line with section 181 of the 1999 Constitution of FRN (as amended) and there is neither Constitutional or Statutory lacuna as some are speculating. A fresh election will be conducted within 14 days which means or on before December 5th 2015.
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