Kogi: APC must substitute Audu with another candidate, says AGF
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NIGERIA: GOING by the provisions in the Electoral Act and the Nigerian Constitution, the All Progressive Congress (APC) is legally empowered to substitute another candidate in the Kogi State governorship election, the Attorney-General of the Federation (AGF) and Justice Minister, Abubakar Malami, has said.
It would be recalled that the APC candidate in the November 21 election in Kogi State, Prince Abubakar Audu, died a day after participating in the election he was already heading to victory going by the results collated by the returning officer, Prof. Emmanuel Kucha of Federal University of Agriculture, Makurdi.
As at the time the Independent National Electoral Commission (INEC) counted the votes, Audu, who was buried last Monday, had polled 240,827 as against the People’s Democratic Party candidate, Idris Wada who got 199, 514 votes.
Kucha declared the election inconclusive because the number of total votes voided was higher than the difference in the votes in favour of APC candidate, who contested with his running mate, James Faleke.
Malami, who spoke in Abuja at the seminar organised by the Nigerian Law Reforms Commission on the reform of the National Environmental Standards and Regulation Enforcement Agency (Establishment) Act, said that the substituted candidate would compete in the election scheduled for December 5.
“APC as a party is entitled to substitution by the clear provisions of Section 33 of the Electoral Act. Also, Section 221 of the Constitution is clear that the votes that were cast were cast in favour of the APC,” the nation’s chief law officer said.
He added: “Arising from that deductions, it does not require any legal interpretation. The interpretation is clear, APC will substitute, which right has been sustained by Section 33 of the Electoral Act. So be it. The supplementary election has to be conducted along the line.”
While saying that the election must be concluded, Malami refused to comment on whether by implication, Faleke would be substituted for Audu or another candidate.
“The issue is very straightforward. Fundamentally, Section 33 of the Electoral Act is very clear that in case of death, the right for substitution by a political party is sustained by the provisions of Section 33 of the Electoral Act,” the Justice Minister said.
He added: “And if you have a community reading of that section with Section 221 of the constitution which clearly indicates that the right to vote is the right of a political party and the party in this case, the APC, has participated in the conduct of the election, it is, therefore, apparent that the combination community reading of the two provisions does not leave any room for conjecture.
“APC as a party is entitled to substitution by the clear provisions of Section 33 of the Electoral Act. Also, Section 221 of the Constitution is clear that the votes that were cast were cast in favour of the APC,” he also said.
Apparently in reference to Faleke, the nation’s number one law officer said: “It all depends on the appreciation of issues arising from the primaries conducted before now. There was a first and a second candidate. That primaries that had taken place over time had not by anyway been nullified. And it is recognised by law.”
He further explained: “But then a further consideration would be the idea of conducting another primary, but that is not envisaged in view of the sustainability of the first primaries.”
Meanwhile, the INEC, which fixed December 5 for the conclusion of the election, said that between now and then, the period would enable the APC to present another candidate for the governorship race.
“The Independent National Electoral Commission conducted Governorship Election in Kogi State on 21st November, 2015 which was declared inconclusive,” INEC said in the release. “On the 23rd November, 2015, the All Progressive Congress (APC) notified the Commission of the death of its Governorship candidate in the election, Prince Abubakar Audu.
According to the electoral body, “after due consideration of the circumstances,” the commission decided “to conclude the process by conducting election in the 91 affected Polling Units as announced by the Returning Officer.”
It declared: “Accordingly, notice is hereby given to all the 22 political parties participating in the Kogi Governorship Election that supplementary election in the 91 affected Polling Units shall hold on 5th December, 2015.”
