ADVERTISEMENT

Confusion arises on how new Kogi governor will be chosen

Audu was in the lead in the elections which held on Saturday, November 21, before his sudden death on Sunday, 22.

PDP candidate, Gov. Idris Wada and APC candidate, Prince Abubakar Audu

Confusion has arisen about how the new governor of Kogi State will emerge following the death of All Progressives Congress (APC) candidate, Prince Abubakar Audu.

The polls were later declared inconclusive by the Independent National Electoral Commission (INEC).

The constitutional principle on the emergence of a governor following the death of a winning candidate is contained in Section 181(1) of the 1999 Constitution (as amended).

It reads:

ADVERTISEMENT

“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.”

The problem in this case however, is that Audu wasn’t “duly elected” before his death as the polls were declared inconclusive despite his lead.

“The words of Section 181 are quite clear. What INEC is to do is what is not so clear. I doubt that 181 covers situations like this. While we wait for the learned law Lords of the Supreme Court, I think INEC might start over,” a legal practitioner, Tope Atiba told Pulse.

Another provision of the law on the situation in Kogi can be found in Section 33 of the Electoral Act 2010. It reads:

“In the case of section 33 of the Electoral Act 2010, it provides, in effect, that if a person has been duly nominated as a candidate of his party and he dies before the election then the political party has the right to replace him with another candidate and not necessarily the Deputy Governorship candidate.”

ADVERTISEMENT

“My simple position is that the Kogi situation fits more into section 181(1) of the 1999 Constitution (as amended) and as such James Abiodun Faleke automatically becomes the governorship candidate of the APC,” popular lawyer, Festus Keyamo said about the issue.

It appears however that the final decision rests with the courts and INEC on the next step to be taken in choosing a new governor for Kogi State.

---------------------------------

See Pulse Photo-News gallery below:

JOIN OUR PULSE COMMUNITY!

Unblock notifications in browser settings.
ADVERTISEMENT

Eyewitness? Submit your stories now via social or:

Email: eyewitness@pulse.ng

Recommended articles

6 Labour Party lawmakers defect to PDP in Enugu State

6 Labour Party lawmakers defect to PDP in Enugu State

Tinubu's special assistant donates food items to 1,700 residents in FCT

Tinubu's special assistant donates food items to 1,700 residents in FCT

Anambra PASAN begins strike over Soludo's failure to grant financial autonomy

Anambra PASAN begins strike over Soludo's failure to grant financial autonomy

Governor Sanwo-Olu pays ₦4.48 billion to 1,455 retirees in accrued pensions

Governor Sanwo-Olu pays ₦4.48 billion to 1,455 retirees in accrued pensions

Court discharges ex-AGF Adoke, 6 others in Malabu oil scam case

Court discharges ex-AGF Adoke, 6 others in Malabu oil scam case

Nigerians are expected to pay for TV licences — here’s what the law says

Nigerians are expected to pay for TV licences — here’s what the law says

BEDC management denies rumours of dissolution, increases revenue

BEDC management denies rumours of dissolution, increases revenue

Federal Govt set to sue Binance ltd, officials for tax evasion on April 4

Federal Govt set to sue Binance ltd, officials for tax evasion on April 4

What Nigerian law says about treatment of people with disabilities

What Nigerian law says about treatment of people with disabilities

Pulse Sports

Nigeria vs Mali: Has Finidi George done enough to land Super Eagles job permanently?

Nigeria vs Mali: Has Finidi George done enough to land Super Eagles job permanently?

I want to emulate Keshi and win the AFCON - Finidi George shares ambitious Super Eagles dream

I want to emulate Keshi and win the AFCON - Finidi George shares ambitious Super Eagles dream

Michelle Alozie: I had to do it because of African referees

Michelle Alozie: I had to do it because of African referees

AC Milan star reveals he was named after Super Eagles legend Tijani Babangida

AC Milan star reveals he was named after Super Eagles legend Tijani Babangida

Give him the job! Super Eagles fans beg NFF to make Finidi George permanent coach after Nigeria's win over Ghana

Give him the job! Super Eagles fans beg NFF to make Finidi George permanent coach after Nigeria's win over Ghana

Super Eagles 2-1 Black Stars: Nigerians praise Iwobi, Lookman, Finidi George after friendly victory against Ghana

Super Eagles 2-1 Black Stars: Nigerians praise Iwobi, Lookman, Finidi George after friendly victory against Ghana

ADVERTISEMENT
ADVERTISEMENT