ABUJA—The Independent National Electoral Commission, INEC, yesterday,
invited the All Progressives Congress, APC, to forward a replacement
for Prince Abubakar Audu, its dead candidate in the inconclusive Kogi
State governorship election, thereby throwing up fresh legal and
political firestorm in the state.
The INEC decision followed a pronouncement to that effect by the
Minister of Justice, Mallam Abubakar Malami. While the APC welcomed the
decision, the opposition Peoples Democratic Party, PDP demanded Malami’s
resignation as it described the decision as an affront to democracy
laced with mines to torpedo the democratic choice of the people in Kogi
State.
Meanwhile, APC, ahead of the December 5 supplementary polls to
conclude the governorship election, has proposed fresh primaries to
throw up a replacement for late Audu. At press time, yesterday, the APC
hierarchy in Abuja and Lokoja were still undecided on the mode of the
potential primary contest.
There was also a cloud on whether it would be restricted to only
those who bought the initial forms or opened up to new entrants, a
possibility that could draw in Audu’s running mate, Rep. James Faleke
and Alhaji Isah Jibrin Echocho who recently defected from the PDP after a
stormy political battle with the incumbent governor, Captain Idris
Wada.
The seeming constitutional crisis in Kogi State was opened after last
Saturday’s governorship election was declared inconclusive upon the
fact that the difference in votes between the late Audu and Wada was
smaller than the number of registered voters in the 91 polling units
where the votes were cancelled. Audu died Sunday before the election
could be concluded, throwing up a legal storm on the fate of the
election.
Justice Minister on Kogi election
Malami, speaking at a seminar organised by the Nigerian Law Reform
Commission on the reform of the National Environmental Standards and
Regulation Enforcement Agency (Establishment) Act , said the Kogi
gubernatorial election must be concluded within the next 14 days.
Specifically, the AGF said his position on the matter was fortified
by a combined reading and application of Section 221 of the 1999
Constitution and Section 33 of the Electoral Act.
However, he failed to state whether or not the deputy governorship
candidate of the APC, Mr. Abiodun Faleke, should be the proper person to
replace Audu for the purpose of the run-off poll.
He said: “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 it 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 combined 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 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”, the AGF added.
Weighing in on the way forward following its acknowledgment of a
notice from the APC on the death of Audu, INEC in a statement issued by
the secretary of the commission, Augusta Ogakwu, put all the political
parties on notice that the supplementary polls would hold on December 5.
She added that the APC has also been offered a window of opportunity to pick a new candidate for the exercise.
The statement reads: “The Independent National Electoral Commission,
INEC, conducted governorship election in Kogi State on 21st November
2015, which was declared inconclusive.
“On November 23, 2015, the All Progressives Congress, APC, notified
the commission of the death of its governorship candidate in the
election, Prince Abubakar Audu.
“The commission has after due consideration of the circumstances,
decided as follows: To conclude the process by conducting election in
the 91 affected polling units as announced by the Returning Officer;
“To allow the All Progressives Congress to fill the vacancy created by the death of its candidate;
“To conduct the supplementary election on December 5, 2015.
“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 December 5,
2015”.
PDP slams INEC, AGF
The INEC statement was immediately strongly condemned by the PDP.
Immediately INEC issued the statement senior officials of the party
in Lokoja huddled into a meeting to review the situation. At the end of
their meeting, yesterday evening, party leaders refused to comment,
saying the party in Abuja would speak for them.
The party, reacting through its National Publicity Secretary, Chief
Olisa Metuh in a statement issued in Abuja demanded the resignation of
Malami as Minister of Justice and Prof. Mahmud Yakubu as INEC chairman
as the party alleged a conspiracy between the two to derail the
democratic enterprise.
“The party is shocked that INEC, a supposedly independent electoral
umpire could allow itself to succumb to the antics of the APC by
following the unlawful directive of an obviously partisan AGF to
substitute a candidate in the middle of the ballot process.
We are all aware that the two legal documents guiding INEC in the
conduct of elections; the Constitution and the Electoral Act, have
provisions for electoral exigencies as well as empower the electoral
body to fully take responsibility for any of its actions or inaction
without undue interference from any quarters whatsoever.
“We are, therefore, at a loss as to which sections of these two
relevant laws, INEC and the AGF relied on in arriving at their bizarre
decision to substitute a dead candidate in an on-going election even
after the timelines for such has elapsed under all the rules.
INEC as a statutory body has the full complements of technical hands
in its legal department to advise it appropriately and we wonder why it
had to wait for directives from the AGF, an external party, if not for
partisan and subjective interest.
Consequently, the PDP rejects in its entirety, this brazen move by
the APC and INEC to circumvent the laws and ambush the yet-to-be
concluded election by introducing a practice that is completely alien to
the constitution and the electoral act.
“The clear implication of this action of the AGF and INEC is that the
APC would be fielding two different governorship candidates in the
on-going Kogi election, meaning that INEC would be transferring votes
cast for late Prince Abubakar Audu to another candidate, scenarios that
have no place in the constitution of the land.
“Whereas the PDP, in honour of the sanctity of human life and respect
for the dead, had since Sunday refrained from making comments on the
conduct of the election, we can no longer maintain such in the face of
the bare-faced attack on our democracy.
“This INEC under the leadership of Prof. Mahmood Yakubu has shown
itself as partisan, morally bankrupt and obviously incapable of
conducting a credible election within our laws.
“In view of the foregoing, therefore, the PDP demands an immediate
resignation of the INEC chairman, as the nation’s democracy cannot
afford to be left in the hands of an electoral umpire that cannot exert
its independence and the sanctity of the electoral process.
“In view of the developments regarding Kogi Governorship election,
the National Working Committee of the PDP has summoned an emergency
National Caucus meeting of the party on Wednesday, November 25, 2015
(today), to take a decision on this obvious threat to our democracy.
APC welcomes development
The APC on its part, however, welcomed the development even as it
proposed a primary among interested contestants as a replacement for
Audu.
It was learned, last night, that the APC National Chairman, Chief
John Odigie-Oyegun, met behind closed doors with some of the aspirants
who participated in the previous primaries yesterday. Audu’s running
mate in the election was also invited to the meeting.
Speaking to newsmen yesterday, Odigie-Oyegun said: “We lost our
candidate for the election in Kogi State on Sunday and since then, we
have concentrated as a party on paying him the right respect that is due
to a man of his calibre. Let me take this opportunity to express the
very sincere condolence of the entire party nationwide to the family of
Prince Abubakar Audu and to the people of Kogi State who have just gone
through the rigours of an election, indicated their preference for
Prince Abubakar Audu, only to lose him at the very moment of victory. We
were represented at the funeral by almost the entire executive and that
is now behind us. Now, matters of state must now come back to the fore.
“I want to underscore the fact that INEC is also apparently in
agreement with the views of the Attorney-General because we have already
received a letter from them formally asking us to find a replacement
for the vacancy that has been created by the passing on of Prince
Abubakar Audu, and that is what will now engage the APC from this moment
on.”
Asked when the primary election was expected to hold, the chairman
said all that was a matter of discussion with the party stakeholders
“We just got notification from INEC today. So, we will go into an
emergency session to work out the modalities and nature of the primary.
We are told that the supplementary election will be on December 5. When
that will be or who will be is a matter of details. But it is going to
be the preference of the electors and we will respect that. We are a
democratic, law abiding party, and we are going to proceed accordingly.”
On the fate of Audu’s running mate, Faleke, Odigie-Oyegun decided
that it was incumbent on the people to decide whether he would join in
the primaries.
“I said it will be the preference of the electors on who the candidate that will replace Prince Abubakar Audu will be”, he said.
On a similar stance, the national chairman also refused to give
details on whether it would sell fresh expression of interest forms or
work with the former aspirants of the ticket.
Meanwhile, it emerged, yesterday, that Alhaji Echocho, who crossed
over to the APC from the PDP after a futile bid to take the governorship
ticket from Wada, was inclining into the contest.
Echocho had reportedly been backed by Senator Smart Adeyemi in the
PDP primary and failing which, his supporters and those of Senator
Adeyemi collaborated in the election to fight Wada.
On whether such new entrants would be allowed into the APC contest,
Odigie-Oyegun was yet undecided saying: “So, we are going to do
everything as straightforward and simple, but clearly above board in
maintaining due process as much as possible. I cannot give you that
answer now because we just got indication of the clear direction from
INEC within the last few hours.”
The INEC stance on a fresh election was also flayed by the Progressive Peoples Congress.
Speaking to Vanguard, the Kogi State
Chairman of the party, Mr. Simeon Ojonuba said the electoral body erred
by arrogating importance to illegality. He said the party was prepared
to contest the position of INEC in a competent court of jurisprudence if
the commission fails to retrace its steps on the matter.
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