IT is no more news that the first executive governor of Kogi State who was cruising to another victory in the inconclusive governorship election, Prince Abubakar Audu, has passed on.
He died in the early hours of Sunday. Family sources alleged that his death was not natural, as he started complaining of stomach cramp, minutes after eating a meal.
Until his death, Prince Abubakar Audu had distinguished careers, first as a top banker and later as an accomplished politician. He was the moving rotor in the opposition engine for more than two decades.
What Are The Lawyers Saying?
As it is, lawyers are divided on the position of law on the issue given that the constitution didn’t envisage the Audu scenario.
The constitution was silent on what happens when a candidate dies or withdraws from the race while voting is in progress.
The lack of pinpoint provisions to take care of the present logjam might have been responsible for the different opinions that are converging to form a cloud of uncertainty.
From the logic, letters and spirit of law, the following will suffice in lightening the legal darkness enveloping the Kogi governorship election.
Can Faleke Take The Place Of Audu?
In some legal circles, this opinion has been amplified. They are of the opinion that since Audu and Faleke are running on the same ticket, Faleke should be put forward to complete the process.
However, opponents of this view are reasoning that since Faleke didn’t go through a primary election, he is legally unqualified to be allocated the ticket of the party.
Some legal opinions are even saying the death of Audu leads to the repudiation of Faleke’s mandate as running mate.
Had Audu been declared winner and sworn in as governor before his death, Faleke would have legally been qualified to step in as substantive governor.
Runner-up in the Election Should be Declared Winner?
Some PDP apologists are already pushing this position that Wada, the PDP candidate who was runner up should be declared winner.
To people in this school of thought, the demise of Prince Audu means the automatic declaration of the runner-up in the election, Capt Idris Wada as governor-elect.
This argument stems from the fact that the re-run is immaterial in view of the margin between the runner-up and the second runner-up.
This position is however punctured by APC members who say that the people of Kogi State had already endorsed the party in a general election before the demise of their candidate.
Re-run Option
This option seems to be the convergence zone among legal luminaries and political stakeholders in the state.
It is also believed to be the political solution to the imbroglio through the invocation of the doctrine of necessity.
With this coming with the likelihood of picking another candidate for APC, Asiwaju Ahmed Tinubu may not be disposed to this arrangement. The emergence of Yahaya Bello will lead to the end of the road for Faleke, as the party may settle for a running mate from the Eastern Flank of the state, being the most populous Senatorial District and in view of the fact that the PDP candidate, Wada hails from the zone.
With this arrangement, the runner-up in the APC governorship primaries would be drafted in as the candidate of the party in the election to compete with other candidates.
As it stands, more legal challenges lie ahead as the tenure of the present administration is expected to terminate by January 2016.
Latest Turns and Twist in APC
The demise of Prince Abubakar Audu has no doubt created a legal lacuna as no known law is in place to deal with the situation.
But beyond the legal frictions, APC is believed to be at crossroads on the issue. The Tinubu Caucus is believed to be pushing hard for the replacement of Audu with Faleke, his political godson.
Tinubu was believed to have been instrumental to the choice of Faleke as Audu’s running mate ab initio. Faleke was a Council Chairman in Lagos before his elevation to the House of Representatives where he is representing Ikeja 2 Federal Constituency.
On the other flank, leaders that are more favourably disposed to the candidature of Alhaji Yahaya Bello are also making a legitimate case against Faleke on the ground he didn’t participate in the governorship primary of the party. To the Yahaya Bello supporters, it is not feasible for anyone to emerge governor without going through a valid primary election.
INEC’S line of action: In the coming hours or days, INEC is expected to make an informed proclamation on the Kogi governorship election. The legal department of the commission is believed to be consulting widely to ensure they arrived at a less controversial position.
The Supreme Court and the Attorney General of the Federation are also expected to play a pivotal role in resolving the palpable confusion in the confluence state.
Will it be Faleke, Wada, Yahaya Bello or a re-run? The world is watching the unfolding drama in the Confluence State.
Source: Vanguard
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