Lawyers disagree on the fate of the governorship election in Kogi
The governorship candidate of the All Progressive Congress, in the Saturday Governorship election in Kogi State, Prince Abubakar Audu, is dead.
Audu, who had been governor of the state in two previous dispensations, was said to have complained of stomach ache on Saturday shortly after voting and returning to his country home in Ogbonicha, Ofu Local government.
The former governor, who had established a clear lead in the poll, was advised to take a rest.
According to some accounts, he had died as early as 10am the following Sunday, but others said he slumped and died after the Independent National Electoral Commission declared the result of the election inconclusive.
One of the aide of the APC candidate, Tenimu Nasidi said being a Muslim they have taken his death in good faith as they strongly believed that God gives and God takes, “To me I believed that his time was up; nothing any man can do to stop it”. Audu is said to be aged 68.
Lawyers have varied opinion on what will be the fate of the election, with the principal candidate with clear advantage dying before the conclusion of the polls. The 1999 Constitution and the Electoral Act are silent on what should be done if a candidate dies while the election is on-going.
With results from the 21 local councils of the state, Audu with 240,867 votes was on his way to a historic third electoral victory after six attempts as his closest challenger, Governor Idris Wada of the Peoples Democratic Party (PDP) polled 199,514 votes.
The Independent National Electoral Commission had announced Sunday afternoon that the election was inconclusive, saying that there would be re-run polls in 59 polling units which have about 49,000 registered voters.
Audu died shortly after the announcement.
Second Republic politician and legal icon, Dr Tunji Braithwaite, was quoted as saying that the demise of Prince Audu calls for a fresh governorship election in Kogi.
He said, “First, it is sad that Audu died. Our thoughts are with his family at this time. However, coming to mankind, life and activities must go on. If the front runner in an election drops dead, the next person with higher votes cannot automatically be declared winner.
‘’The deceased according, to INEC scored higher votes. Audu’s death calls for another election. The incumbent, Capt Idris Wada will continue as governor until another election. There must be another election.’’
Another lawyer, Barr Bisi Adegbuyi, a stalwart of the Afenifere Renewal group, shared Braithwaite opinion that that there is need for a fresh election with the APC allowed to present another candidate.
‘’There is nothing other holding another election. APC should be allowed to present another candidate. Since the election has not been concluded, the deputy governorship candidate cannot take his place, he is not the candidate,’’ he was quoted to have said.
But Chief Olorunfunmi Basorun, Second Republic politician and Secretary to the Lagos State Government under Governor Lateef Kayode Jakande, said the re-run polls in 59 polling units should be concluded and the winner declared by INEC. In his view, the deputy governorship candidate should inherit the victory of the ticket.
In his view, ‘’It is the party that matters. The party sponsored the candidates. In 1999, when Alhaji Atiku Abubakar was nominated as Vice presidential candidate, although the Adamawa governorship election had been concluded, the deputy governorship-elect, Boni Haruna, stepped in. So, the INEC should conduct the election in the remaining polling units and declare the winner.’’
Basorun has collaborator in Mr Norris Quakers, SAN.
Quakers said since the Nigerian Constitution did not envisage what has happened, it makes it tricky and dicey.
He however said, “In my thinking, if you read sections 36, 39 and 40 of the Electoral Act as amended, I think the Independent Electoral Commission will have to conduct elections in those areas where they are inconclusive. What the party that was affected needs to do is to allow the deputy governorship candidate run as its governorship candidate while a new deputy governorship candidate is picked”.
with agency reports
