CONSTITUTIONAL CRISIS ON WHO BECOMES KOGI STATE GOVERNOR

Sina Kawonise

Report and analysis by 'Sina Kawonise

The candidate of the All Progressives Congress (APC) in the inconclusive governorship election in Kogi state, Alhaji Abubakar Audu, has died.

Audu, who was set to emerge as the winner of the Saturday governorship election, took ill suddenly.

According to reports, Audu passed on as he was being rushed for medical treatment in Abuja.

Results released by the Independent National Electoral Commission (INEC) show that Audu won in 16 out of the 21 local government areas of Kogi state. His total tally is 240,867 votes against the 199,514 polled by his closest contender, incumbent governor Idris Wada.

Audu led by 41,353 votes out of the total valid votes.

INEC, however, declared the election inconclusive because 49,000 votes were cancelled.

According to the Electoral Act, 2010 (as amended), where the number of voided votes are more than the margin of lead between the leading candidate and the runner-up, the election shall be declared inconclusive. INEC shall subsequently order a supplementary election.

Herein lays the constitutional crisis that looms with the death of Alhaji Audu who led in the election with a figure less than the total number of votes voided.

Had the APC candidate been declared the outright winner and he died as it has so happened, his running mate would have automatically assumed the mandate and become the Governor-elect.

Since the election has been declared inconclusive, the legal questions that must be resolved are as follows:

1. Can Audu's running mate automatically assume the mandate?

2. Since substitution of a candidate for an election closes before the election, could INEC legally substitute Audu's running mate for him in the impending supplementary election?

3. Given the death of Audu, will the supplementary election still hold?

4. If the supplementary election would not hold and the election held on Saturday cancelled, within which time frame will another election hold?

5. In the event of a fresh election, what happens if the time given for the new election exceeds the remaining term of the incumbent governor who, of course, would remain a candidate in the fresh election?                

Hon.James Faleke,Governorship
running mate of Late Audu

Wada &Audu

 Above are the legal issues that must be resolved with the unprecedented situation thrown up by the sudden death of the leading candidate in the Kogi election in a context of an inconclusive election.

Below is the constitutional provision for such situation..

According to the 1999 Constitution as amended, Section 181. 

(1) If a person duly elected as Governor dies before taking and subscribing the Oath of Allegiance and oath of office, or is unable for any reason whatsoever to be sworn in, the person elected with him as Deputy governor shall be sworn in as Governor and he shall nominate a new Deputy-Governor who shall be appointed by the Governor with the approval of a simple majority of the House of Assembly of the State.

(2) Where the persons duly elected as Governor and Deputy Governor of a State die or are for any reason unable to assume office before the inauguration of the house of Assembly, the Independent National Electoral Commission shall immediately conduct an election for a Governor and Deputy Governor of the State.

Barr. Agbakoba (SAN)

The question is

Can this provision apply in this situation considering the inconclusiveness of the Kogi State election?

Word from the Mabble !

"The election becomes nullity following the death of a candidate before its conclusion-Barr. AGBAKOBA (SAN),"