Faleke, in a letter to INEC, dated November 26, 2015, insisted that under Section 187 of the 1999 Constitution, he was duly elected as deputy governor of Kogi State based on the outcome of the election declared inconclusive by INEC.
He said that INEC has no right under the law to declare the election inconclusive.
The letter which was forwarded by his counsel, Wole Olanipekun, accused INEC of deliberately creating what he called “legal conundrum.”
“In law and logic, no new candidate can inherit or be a beneficiary of the votes already cast, counted and declared by INEC before that candidate was nominated and purportedly sponsored.
“Assuming without conceding that INEC is even right to order a supplementary election, the votes already cast, counted and declared on Saturday, 25th November 2015, were votes for the joint constitutional ticket of Prince Abubakar Audu and our client.
“Therefore, no new or ‘supplementary’ candidate can hijack, aggregate, appropriate or inherit the said votes.” [myad]
