A lawyer, Barrister Asiyanbi Olajide, said:
“The death of Audu Abubakar comes with some
constitutional questions. What happens to the
inconclusive elections? Who becomes the APC’s
governorship candidate in the re-run elections in the
affected areas. Will a new election be ordered in Kogi
state? Many more questions, yet few answers.
The scenario would have been different if the results of
the election were declared before the death of Audu
Abubakar. In that case Section 181(1) of the
Constitution of the Federal Republic of Nigeria would
have been invoked. ‘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’.
But the scenario in Kogi is different. Nobody has been
declared the winner yet. Therein lies the constitutional/
electoral challenge. But its not beyond resolution.
This is where Section 33 of the Electoral Act (as
amended) 2010 can be invoked. It provides ‘Section 33.
A political party shall not be allowed to change or
substitute its candidate whose name has been
submitted pursuant to Section 31 of this Act, except in
the case of death or withdrawal by the candidate.
”Section 33 of the Electoral Act is wide enough to
accommodate the scenario in Kogi State, where a
candidate dies where the election is declared
inconclusive. This is because Section 33 of the
Electoral Act is not limited to pre-election substitution
of a candidate. Pre-election substitution of a candidate
is specifically provided for in Section 36(1) of the
Electoral Act. ‘Section 36(1). If after the time for the
delivery of nomination paper and before
commencement of the poll, a nominated candidate
dies, the Chief National Electoral Commissioner or the
Resident Electoral Commissioner shall, being satisfied
of the fact of the death, countermand the poll in which
the deceased candidate was to participate and the
Commission shall appoint some other convenient date
for the election within 14 days’. The postponement of
the election as contemplated under Section 36 of the
Electoral Act is to allow the party to present another
candidate.
”However, if the candidate dies where the election is
declared inconclusive as in Kogi, the party will be
allowed to substitute the death candidate for the re-run
election in the affected areas. This is the intention of
Section 33 of the Electoral Act. Limiting Section 33 of
the Electoral Act will be restricting its intention and
deviating from the purposive rule of interpretation.
The party’s garnered votes in the inconclusive election
remain valid. This is because the electorates voted for
the party not the candidate.
In the end, no constitutional/electoral lacuna exists.
The APC should invoke the provisions of Section 33 of
the Electoral Act and substitute Audu Abubakar with
another candidate, while their votes remain intact as
they go in for the re-run elections in the affected areas,
declared inconclusive.”



source: https://www.naij.com/646881-audus-death-fresh-polls-kogi-lawyer-others.html

Ones a court case in nigeria, forever a court case

Re,-run fire,APC Kill d sentiments,its change nt ya slogan anymore,any wsh way tu tins if dey field anoda candidate against wada dat persn wil loose,sceondly if continuitty of d election is done,FALEKE WUD BE DRAFTED IN,KOGI DEREFORE HAD BEEN SOLD TO TIEFNUBU.