The running mate to late Abubakar Audu, the candidate of the All Progressives Congress in Saturday’s governorship election in Kogi State, has asked the Independent National Electoral Commission, INEC, to declare him governor- elect.
James Faleke, in a November 26 letter to INEC Chairman, Mahmood Yakubu, insisted that under Section 187 of the 1999 Constitution, he was duly elected as deputy governor of Kogi State.
While expressing sadness over the demise of his principal, Abubakar Audu, the deputy governorship candidate said INEC had no right under the law to declare the election inconclusive.
He accused INEC of deliberately creating what he called “legal conundrum” and urged the APC not to be a party to the action.
“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,” Mr. Faleke wrote through his counsel, Wole Olanipekun.
“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.”
In another letter to APC Chairman, John Oyegun, Mr. Faleke urged his party to distance itself from the “Greek Gift” being offered to it to nominate a new candidate for a planned supplementary election in 91 polling units.
He said the election had already been won and lost, and that the party should rather support him in actualizing the mandate already given to APC and its candidates.
Meanwhile, the Peoples Democratic Party (PDP) yesterday called on INEC to declare its candidate in the November 21 Governorship election in Kogi , Mr . Idris Wada, the winner of the election. The PDP National Publicity Secretary, Chief Olisa Metuh, made the call in a communiqué issued at the end of the party’s National Caucus emergency meeting held in Abuja on Wednesday.
INEC had declared the November 21 election inconclusive following cancellation of election in 91 polling units. Metuh said that the PDP caucus thoroughly considered the development arising from the November 21 governorship election , following the death of the All Progressive Congress (APC), candidate, Alhaji Abubakar Audu.
He said that PDP had resolved that with the death of Audu, on November 22, APC had ‘legally crashed out’ of the governorship race in accordance with Section 33 of the Electoral Act. Metuh said that APC lost out of the race as no known law or constitutional provision allowed the substitution of candidates, once the ballot process had commenced.
“We are not trying to take advantage of Audu’s death. Nigerians will bear us witness that PDP observes respect to the person and image of late Audu, but this is the law of our land’’. Metuh said that PDP completely rejected INEC decision on the directive of the Attorney-General of the Federation (AGF) , Malam Abubakar Malami, to allow APC substitute its candidate in the middle of an election.
“The PDP insists that with the unfortunate death of Audu, the APC has no valid candidate in the election. ‘’This leaves INEC with no other lawful option than to declare the PDP candidate, Wada, as the winner of the election.’’ He said that if APC was allowed to substitute its original candidate, then, the party would have fielded two separate candidates in the same election.
“This is a scenario that is completely alien to our electoral laws and to any known democratic norm and practice world-over.’’ Metuh said that if after voting in the Saturday’s election, Audu said he was no longer interested in the election, would INEC have told APC to change its candidate?
“There is no difference between the death and withdrawal of a candidate in our laws. Laws never separated it. This situation can be termed as withdrawal. ”If Audu had withdrawn on Saturday, election would have continued and Wada would have been declared the winner’’.
Metuh said that caucus observed that INEC under the leadership of Prof. Mahmood Yakubu, had lost the confidence of Nigerians. He also restated the party’s demand for the immediate resignation of Malami, INEC chairman and all its national commissioners. The PDP image maker added that in order to save the nation’s democracy from imminent collapse, the PDP would immediately challenge the unlawful and unconstitutional decision of INEC in the court of law.
“We are confident that judiciary will restore the proper tenets of our democracy and that this matter will be settled before Dec. 5. ”APC cannot participate in Dec. 5 election because the time has elapsed for the party to substitute its candidate’’. Metuh who stressed that the PDP had not in any way accused APC of killing Audu, however questioned the rationale of AGF INEC and APC decision on the issue.
“They are creating a scenario where a loser in a primaries will patiently wait for the winning candidate to finish election and have him either poisoned or assassinated before the final collation of results.’’
In another development, leaders of All Progressives Congress (APC), in Kogi East Senatorial District have nominated Mr Mohammed, 43, first son of Late Prince Abubakar Audu, to replace him as the party’ s governorship candidate.Leaders, stakeholders and delegates who made this known in Lokoja on Thursday after a marathon meeting, said they arrived at the decision after due consultations .
Their spokesman, Mr Daniel Isah, the Vice Chairman of APC in Kogi East, said they have resolved and are determined to back Mohammed to replace his father if the National Working Committee orders fresh primaries.
Isah thanked the Independent National Electoral Commission and the national leadership of the party for the opportunity given to them to find a replacement for Audu who died on Nov. 23 at Ogbonicha, Ofu Local Government.
He appealed to the national leadership of the party to give their decision utmost consideration and approval in the overall interest of the party and the state.
Present at the meeting were Alhaji Lincho Ocheje, Hon. Hassan Omale, Hon. Benjamin Ikhani, and Sen. Emmanuel Dangana, among others.