The Independent National Electoral Commission (INEC) has fixed December 5 for the supplementary election in Kogi State, following the inconclusive election held last Saturday, November 21. The Commission also asked All Progressives Congress (APC) to find a replacement for the party’s governorship candidate, Prince Abubakar Audu , who died on Sunday shortly after the votes were collated and declared inconclusive,.
In a statement today, the commission gave notice to the 22 political parties which participated in the November 21, to get set for the supplementary election in the 91 polling units were elections were either cancelled or not held at all.
There were over 49,000 votes at stake for the supplementary poll in 91 polling units.
With the announcement, the controversies generated over what action INEC will take following the death of Audu have been laid to rest.
After the 21 local councils’ election results were collated on Sunday, with the APC leading while the incumbent Governor, Captain Idris Wada of the People’s Democratic Party (PDP) trailed behind with over 41,000 margin which INEC considered to be less than the number of cancelled votes.
Earlier in the day, the Attorney General of the Federation and Minister of Justice, Abubakar Malami (SAN) had said that INEC had declared the governorship election held in Kogi state last Saturday inconclusive, the election must be concluded, adding that the APC would have to substitute its candidate for the purpose of the supplementary elections.
Malami, who spoke in Abuja at a seminar organised by the Nigerian Law Reform Commission (NLRC) on the review of the National Environmental Standards and Regulation Enforcement Agency (Establishment) Act, was however, silent on the possibility of the party’s deputy governorship candidate, James Faleke, automatically becoming the governorship candidate.
On whether the substitution could result in Faleke becoming the governorship candidate, he said the choice was for the party to make.
“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.
“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, which is the APC has participated in the conduct of the election.
“It is therefore apparent that the 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.
“Arising from that deduction, 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. It all depends on the appreciation of issues arising from the primaries conducted before now.
“There was a first and a second candidate. The primaries that had taken place over time had not by anyway been nullified. And it is recognized by law.
“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,” Malami said. [myad]
