Since the death of Audu Abubakar, the Governorship candidate of APC and
the leading candidate in the yet-to-be concluded Kogi state Governorship
election, tongues have been wagging and opinions have been divided on
what should be the next line with respect to the said election. To some,
the election should be outrightly cancelled because the Governorship
candidate of APC is gone. To some others, the APC should be disqualified
for having 'No Candidate', while some others opined that the APC should
nominate a new governorship candidate to complete the process.
Firstly, the election can't be cancelled because INEC has NO power according to the Electoral Act (2010) and the 1999 Constitution to cancel any election when declared. It lies with the COURT. The only way election can be cancelled is when both the Governorship and Deputy Governorship candidates of a political party dies. In this case, the Deputy Governorship candidate of APC, James Faleke is still alive. Hence, INEC has no choice but to continue with the process.
Secondly, APC followed the legal process in the nomination of Audu Abubakar and Hon James Faleke as the Governorship and Deputy Governorship candidates respectively. The Electoral Act never prescribe disqualification of political party on account of death of its Governorship or Deputy Governorship candidate. Considering that the Electoral Act and Supreme Court judgement maintained that political parties not candidates stand for election, it simply means APC remains in the race and in pole position to form new Kogi state government when Idris Wada's tenure elapse despite the demise of Audu.
Why Hon James Faleke Should Succeed Audu
That established, the next is who should succeed Audu Abubakar as APC candidate? Let us recall that the Electoral Act and Constitution was silent on what should happen in the event that a Governor-elect denounce his mandate before his inauguration as at 1998. When Atiku Abubakar rescinded his mandate for the VP candidate of Segun Obasanjo of PDP, INEC felt there was need for a fresh PDP candidate for a new election. PDP and the Adamawa state Deputy-Gov-elect Boni Haruna as then was went to court. The SC ruled that PDP won the election with Atiku/Haruna as candidates, and in the eyes of the law, Atiku was 'dead'. Hence, Haruna should replace Atiku as PDP Governorship candidate and be sworn-in as Adamawa state Governor. After the judgement, the Electoral Act and Constitution were amended to reflect the SC interpretation. In this situation, considering the fact that the law allows for the Deputy to succeed his/her boss in the event of death of the Governor-elect (after election has been concluded) and the Governor (after inauguration), it is only normal and in accordance with the positions of the SC judgements and the law tthat Hon James Faleke, the APC Kogi state Deputy Governorship candidate be upgraded to the substantive Governorship-candidate of APC, while the party nominates a new running mate.
The Position of Running Mate Is For Purpose Like This
We also have to realise that the purpose of running mate is not to 'fill space' but to step-in in case of any eventuality of the main candidate. This is why the VP assumes the role of President in event of death, and not the runner-up in the Presidential election. It is also the reason the VP-elect assume the position of President-elect in event of death of the President-elect and not the runner-up of the election. This is same reason the APC Deputy Governorship-candidate of Kogi state (James Faleke) will/should assume the position of Governorship-candidate and not the runner-up in the APC Primary election. Hence, the APC should 'do the needful and nominate a new Deputy-Gov candidate.
A Fresh Primary Is Illegal and Unconstitutional
However, should APC elect for a fresh primary, then that will amount to illegality as no section of the Electoral Act and the Constitution give room for primary when election is ongoing. I believe that the court will nullify it. It is my belief that the only legitimate thing is for Faleke to be made the candidate.
Why I'm Behind Hon James Faleke's Ascension:
My position on this subject is precipitated on the need for being on the side of justice irrespective of who the beneficiary may be. Justice is justice, there is no basis for opposing justice because it doesn't favor our ethnic or political scheme. For those against Faleke on basis of his non-Igala heritage, I urge you to accept the new development for in the interest of the state.
May God Bless Us All and Bless Kogi state.
Firstly, the election can't be cancelled because INEC has NO power according to the Electoral Act (2010) and the 1999 Constitution to cancel any election when declared. It lies with the COURT. The only way election can be cancelled is when both the Governorship and Deputy Governorship candidates of a political party dies. In this case, the Deputy Governorship candidate of APC, James Faleke is still alive. Hence, INEC has no choice but to continue with the process.
Secondly, APC followed the legal process in the nomination of Audu Abubakar and Hon James Faleke as the Governorship and Deputy Governorship candidates respectively. The Electoral Act never prescribe disqualification of political party on account of death of its Governorship or Deputy Governorship candidate. Considering that the Electoral Act and Supreme Court judgement maintained that political parties not candidates stand for election, it simply means APC remains in the race and in pole position to form new Kogi state government when Idris Wada's tenure elapse despite the demise of Audu.
Why Hon James Faleke Should Succeed Audu
That established, the next is who should succeed Audu Abubakar as APC candidate? Let us recall that the Electoral Act and Constitution was silent on what should happen in the event that a Governor-elect denounce his mandate before his inauguration as at 1998. When Atiku Abubakar rescinded his mandate for the VP candidate of Segun Obasanjo of PDP, INEC felt there was need for a fresh PDP candidate for a new election. PDP and the Adamawa state Deputy-Gov-elect Boni Haruna as then was went to court. The SC ruled that PDP won the election with Atiku/Haruna as candidates, and in the eyes of the law, Atiku was 'dead'. Hence, Haruna should replace Atiku as PDP Governorship candidate and be sworn-in as Adamawa state Governor. After the judgement, the Electoral Act and Constitution were amended to reflect the SC interpretation. In this situation, considering the fact that the law allows for the Deputy to succeed his/her boss in the event of death of the Governor-elect (after election has been concluded) and the Governor (after inauguration), it is only normal and in accordance with the positions of the SC judgements and the law tthat Hon James Faleke, the APC Kogi state Deputy Governorship candidate be upgraded to the substantive Governorship-candidate of APC, while the party nominates a new running mate.
The Position of Running Mate Is For Purpose Like This
We also have to realise that the purpose of running mate is not to 'fill space' but to step-in in case of any eventuality of the main candidate. This is why the VP assumes the role of President in event of death, and not the runner-up in the Presidential election. It is also the reason the VP-elect assume the position of President-elect in event of death of the President-elect and not the runner-up of the election. This is same reason the APC Deputy Governorship-candidate of Kogi state (James Faleke) will/should assume the position of Governorship-candidate and not the runner-up in the APC Primary election. Hence, the APC should 'do the needful and nominate a new Deputy-Gov candidate.
A Fresh Primary Is Illegal and Unconstitutional
However, should APC elect for a fresh primary, then that will amount to illegality as no section of the Electoral Act and the Constitution give room for primary when election is ongoing. I believe that the court will nullify it. It is my belief that the only legitimate thing is for Faleke to be made the candidate.
Why I'm Behind Hon James Faleke's Ascension:
My position on this subject is precipitated on the need for being on the side of justice irrespective of who the beneficiary may be. Justice is justice, there is no basis for opposing justice because it doesn't favor our ethnic or political scheme. For those against Faleke on basis of his non-Igala heritage, I urge you to accept the new development for in the interest of the state.
May God Bless Us All and Bless Kogi state.
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