Kogi Imbroglio: INEC is being Remote Controlled !!!

Nigerians have watched with amazement the unfolding imbroglio in Kogi,  while the stalemate offered the new leadership of INEC  the opportunity to prove it's independence and assert itself the electoral body seems to be dancing to a strange music.
As it stands many senior lawyers have called the integrity of the commissions leadership  into question. 
 
As  ardent believers in the rule of law , we are compelled to put  the following facts before the Nigerian public. It  is a known fact that it is duty of the 

1. Legislature to make Laws

2. It is also  the duty of the Executive to implement those Laws

3. The only arm of Government charged with the responsibility of INTERPRETING laws is the JUDICIARY 


The simple question then is why is our  new Attorney General and minister of justice  afraid of approaching the Supreme court for interpretation? 

The AGF in an attempt to circumvent the law and favour his political party swallowed certain  sections of the law that dealt  directly with the kogi imbroglio. ‎

The section of the electoral Act which the AGF erroneously relied on states as follows ;

 section 33 : “A political party shall not be allowed to change or substitute its candidate whose name has been submitted pursuant to section 32 of this Act, except in the case of death or withdrawal by the candidate.”

1. This deals with the  nomination of candidates before  the poll commencement  not where a late candidate has already acquired votes. 

2 . When the candidate is substituted as the AGF is erroneously recommending does he benefit from the votes of the dead man? The electoral Act as Amended clearly states that both party and candidates name must be on the ballot 

How then will the ballots now be counted and tallied? Will it be 

APC 1: Abubakar Audu

APC 2 : Alhaji XYZ 

Combine APC 1 and APC 2 to get a final tally 
Who amongst the dead man and the substituted candidate actually owns the mandate? 


3. What if a voter is unhappy with the new substitute and wants to withdraw his vote what happens? 

The argument could be that he or she voted for Audu and not Alhaji XYZ and therefore see no reason why his valid vote should be transferred to another man without his /her consent!

‎

Section 36 of the  Electoral Act 2010 (as amended) which clearly match the scenario 

Clearly states that:  “If after the time for the delivery of nomination paper and before the 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.”

Before the commencement of the poll is the Key word here 

Prince Abubakar Audu Died after INEC declared the elections inconclusive and ordered a RERUN which is an election (Poll)

It's also a known fact that Audu was the nominated candidate in that poll and was billed to participate until his untimely demise .

Even a kindergarten lawyer knows that the right thing to do is to 
‎countermand (Cancel) the poll in which the deceased candidate (Abubakar Audu) was to participate and fix a convenient date for the election within 14 days as clearly stated in the Act.‎

Even INEC on its own clearly support this fact before the chairman's principals became a victim.  ( See question 60 ‎on INEC  website)

http://www.inecnigeria.org/?page_id=28

Asking the supreme court to provide an expeditious interpretation could have saved INEC from the barrage of avoidable litigation that will follow the commissions decision to sacrifice it's independence for carrots.

One will only hope that the electoral body will quickly retrace this foul steps and humbly head to the Supreme court so that the right thing can be done 

CC: Lalasticlala

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AceRoyal:
k

Space Bookers

Body odour things , its now Bluetooth. Apc, I hail thee

APC is the worst, Though I dnt belong to any party

fistonati:
Body odour things , its now Bluetooth. Apc, I hail thee

My brother body odour won't work here they have to allow the court perform it's constitutional function