Having taken my time to study the agitations of the three dominant ethnic groups in Kogi state over who replaces Late Audu of APC in the ONGOING GUBERNATORIAL election in the state, I cannot but make my opinion clear and public, without sentiment, fear or favour. Those who know me well know that I have never blamed the Igalas for their continuous ruling since the creation of the state in 1991, even though I expected them to have considered power shift to other senatorial districts in the state. I often considered it as democracy at work while I blamed the Ebira and Okun elites for this unhealthy dominance.
It is generally agreed that the electoral issue in Kogi state at the moment is a novel one. However it is an issue that can be addressed thanks to Section 33 of the Electoral Act 2010 as amended. This section gives a path through which to manoeuvre without any breach to the laws of this land. I am not a lawyer but I believe one doesn’t have to be a lawyer to understand the provisions of the laws. The Attorney General of the Federation (AGF) and Minister of Justice has set the pace and INEC has follow suit. I expect APC leaders to act accordingly and without prejudice.
Having analyzed these people, Igalas, Okuns & Ebiras’ arguments and with reference to the relevant laws of the Federal Republic of Nigeria and in the light of rule of law, I observe the following:
The Igalas want Audu’s son to replace his late father. Does Kogi state operates a monarchy system of government? Without apology, the Igalas are making mockery of the good legacy of late Audu by parading his son and pushing him to go and claim what, in the eye of law, is not his. No constitutional backing do they have whatsoever. They are equally saying that APC zoned governorship ticket to them. Have they forgotten so quick that the APC primary election included candidates from other senatorial districts, West and Central? Is any zoning arrangement in force in Kogi state at the moment? Of course NOT! I advise the Igalas to accept that their agitation is baseless and unconstitutional. It is nothing, with due respect, but greediness and sentiment.
The Okuns want Mr Faleke to replace Late Audu to conclude the election. They are accusing INEC of declaring the election inconclusive. Are they saying INEC should ignore the relevant provision of its own Electoral Guidelines and acted otherwise? For those who are saying Faleke is now entitled to the votes cast for APC may I refer them to section 221 of the Nigerian Constitution that clearly indicates that the right to vote is the right of a political party, in this case, APC. The combination of Section 221 of the Nigerian Constitution and Section 33 of the Electoral Act leave no room for any conjecture. One lawyer said that Faleke has spent money in the ongoing election hence deserves the victory. Was he telling Nigerians that people’s votes were bought? What about those candidates that contested the primary election? They purchased nomination forms with no small amount of money and when they lost did they ask for refund? If we don’t respect the law, where is the change we are clamouring for? Constitutionally, since Late Audu had NOT been DULY ELECTED as governor, Faleke, as his running mate, NOT deputy at the moment, can neither replace Late Audu nor be sworn-in as governor. The advocacies of this move, who are “highly learned”, with due respect but no apology, allow sentiment to overshadow their respect for the laws of this land and in this particular matter. A barrister even preferred a ludicrous option to INEC to go ahead to conduct the supplementary election and conclude it without filling the vacancy Audu left and thereafter declare Falake the winner and be sworn-in as governor! He added that the relevant sections of the Electoral Act and INEC Guideline should be ignored and thrown out. What a greedy move! This is not only unconstitutional but a gross disrespect for the laws of this land. Faleke remains the running mate for APC in the ongoing election and no one should take it away from him.
Halim Y. Agava
If APC upheld Faleke’s position and present him as replacement for Late Audu, and the judiciary does nothing, then Section 33 of the Electoral Act as amended is automatically nulified as that would mean that the moment a running mate is picked he or she would replace the gubernatorial candidate if he or she dies before, during or after the election and not the first runner up in the primary as prescribed by the Electoral Act. In any case, I am not surprised seeing these unfortunate statements coming from some famous lawyers because if the politicians have double mouth, most lawyers have multiple mouths. For instance, if those lawyers who are twisting the laws were counsels to other contesting individuals or groups, they would definitely have contradictory observations respectively. The reason is not far fetched: they were just doing their legal jobs. They were paid to do it! But I must remind them that no individuals or group of individuals, however rich or highly placed, they cannot fool all the people all the time. The laws of this land is supreme.
The Ebiras are saying that APC should strictly adhere and abide by the INEC directive to it to substitute its deseased candidate, Audu, for the 5th December’s supplementary election in the state. This is also in compliance with the Attorney General of the Federation and Minister of Justice’s pronouncement.
The Ebiras are also stressing that APC cannot go ahead conduct any fresh primary election to replace Audu as it is unconstitutional as the primary election that gave Audu the ticket is still valid. In addition a party can only conduct a primary election after atleast a 21 day notice has been served to INEC, a provision APC cannot meet, given the time frame to the supplementary election. Section 33 of the Electoral Act has made provision on how to replace a deceased candidate, so why this call for fresh election or Faleke or Audu son to replace the deceased?
The only option available to APC under the Law is to pick the first runner up to Audu in the August, 2015 APC’s primary election to replace him to conclude the gubernatorial election in the state. For cry out loud, the first runner up is not guilty of any wrong doing or anti party activity. Why the regmarole by the APC leaders?
Base on these divergent opinions, the Ebiras’ position should prevail if we are actually serious about change.
The AGF and Minister of Justice, INEC and Ebiras have spoken. The onus is now on APC leaders to do what is legally right through strict observance of the rule of law and without sentiment or favouritism.
Finally, my advice to the good people of Ebiraland is that they should unite, remain firm and use all the available legal instruments to claim their mandate and what is rightfully theirs.
Long live Ebiraland, Long live Kogi state and Long live Nigeria. [myad]
