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Kogi Poll: Resign Now, PDP Tells AGF, INEC Chair - Politics (4) - Nairaland

Nairaland Forum / Nairaland / General / Politics / Kogi Poll: Resign Now, PDP Tells AGF, INEC Chair (28862 Views)

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Re: Kogi Poll: Resign Now, PDP Tells AGF, INEC Chair by agabusta: 8:40am On Nov 25, 2015
ODUBEZE:
Truly, it is absurd!
Many voted for the candidate not the party. Now that the candidate voted for is gone, a fresh election or the next candidate with the higher score should be ushered in!
AUDU should not be usurped!


Many may actually vote for the candidate as you said, but the law is not sentimental nor is it emotional. It has clearly stated that the party is the owner of the votes. This position of the constitution has been emphasized by the Supreme Court on many cases.

You also fail to realise one point when you said a fresh poll should be conducted.

The point is that INEC under the constitution does not have the right to cancel an election it has already released the result!

It is only an Election Petition Tribunal that can cancel the result of an election that has been released by INEC.

End of story
Re: Kogi Poll: Resign Now, PDP Tells AGF, INEC Chair by noblegrex: 8:40am On Nov 25, 2015
ShowYourCertificate:
Why didn't the running mate continue the race since he shares a joint ticket with Audu? Why is APC conducting another primaries in the middle of an election?! The Courts will nullify this election if APC conducts this fresh primaries in the middle of a gubernatorial election.
that would have been better but they've got the right to choose the elctorate because they believe they own the governor.but allthesame,I think the party owns the vote.
Re: Kogi Poll: Resign Now, PDP Tells AGF, INEC Chair by Urine: 8:42am On Nov 25, 2015
GreatEngineer:


And after the election, is it the name of the party that would be written on the certificate of return or the candidate that contested for the position under his party? The candidate is as important as the party so stop saying party was voted for not candidate.

If the candidate name will not appear on the certificate of return then you are right it is only party that is recognized.

Engineer, why was Amaechi given a certificate of return in an election he didn't contest for?
Re: Kogi Poll: Resign Now, PDP Tells AGF, INEC Chair by Jabioro: 8:42am On Nov 25, 2015
Seen argument.. PDP dey waka with leg raise up and her head down ..
Re: Kogi Poll: Resign Now, PDP Tells AGF, INEC Chair by ajirex: 8:44am On Nov 25, 2015
PDP- Now a pestiferous stranger in KOGI state. I am on my way to SC!
Re: Kogi Poll: Resign Now, PDP Tells AGF, INEC Chair by simplycarro: 8:44am On Nov 25, 2015
gare:


If you have a brain and you are not baised, you would understand what Metuh is saying, you can't at this substitute another person half way into the election, either it is done before the election. You can't have two governorship candidates for one elections, are you now saying PDP can change its governorship candidates?

What INEC ought to do is to cancel and call for a fresh elections or give it to pdp, this are the lapses in our constitution we ought to look at, not insulting ourselves every now and then
You are writing like a PDP card carrying member, a selfish one for that matter. An election that has been substantially concluded should be cancelled when the process can be concluded.
Ameachi never participated in the election that brought him as governor as a PDP member? Can you say people voted for Ameachi ??
Meanwhile the nigga supplying Olisah Metuh hemp is mixing it with other dangerous substances grin
Re: Kogi Poll: Resign Now, PDP Tells AGF, INEC Chair by agabusta: 8:46am On Nov 25, 2015
gare:


If you have a brain and you are not baised, you would understand what Metuh is saying, you can't at this substitute another person half way into the election, either it is done before the election. You can't have two governorship candidates for one elections, are you now saying PDP can change its governorship candidates?

What INEC ought to do is to cancel and call for a fresh elections or give it to pdp, this are the lapses in our constitution we ought to look at, not insulting ourselves every now and then

You guys are incredible! Go and study the constitution and the electoral Act, INEC CANNOT cancel the result of an election already released!

The power to cancel any result released rest only with an election petition tribunal. Once INEC announces a result, INEC cannot do anything or take any action on such a result again.

All the local government results announced so far by INEC stands. INEC cannot cancel them or even say they want to correct a mistake. INEC has no right whatsoever on those local government results. It is only an Election Petition Tribunal that can take action on those results earlier announced by INEC.

1 Like

Re: Kogi Poll: Resign Now, PDP Tells AGF, INEC Chair by agabusta: 8:49am On Nov 25, 2015
baralatie:
Inec and the agf will have to explain the constitutional powers they have to substitute a candidate name in an ongoing election of which the same inec said it is unconclusive

Didnt you see the relevant laws quoted by the AGF? How come you are not quoting an opposing law?

The power to substitute a candidate rest with the party according to the electoral act.

The power to conduct election rest with INEC according to the constitution.

The power to cancel an election result already released rest with the Election Petition Tribunal according to the constitution as well.

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Re: Kogi Poll: Resign Now, PDP Tells AGF, INEC Chair by Le2money(m): 8:49am On Nov 25, 2015
mrdeba:
I blame the whole bunch of the 99 constitutional amendment crew 4 nt thinking of posibility like this. No matter the dicision of the INEC, the party that lost will still go to court cuz the law neva gave a solution a problem like this
.... Out of dos dat has been commenting since,ur comment stands out... No section in Nigeria constitution bak up d conclusion of d AGF & INEC on dis issue... Or do d AGF wants to pass his own law without passing 2ru normal protocol? And i want us to also remember dat voters "smtimes" do cast their votes to candidates & nt parties as some claims...like example, Fayose of Ekiti, Mimiko of LP during his first tenure in Ondo...and some oda governors which i may fail to knw...so therefore,its either his deputy shud be elevated to dat position or fresh election shud be conducted...my opinion
Re: Kogi Poll: Resign Now, PDP Tells AGF, INEC Chair by seunmsg(m): 8:50am On Nov 25, 2015
Ayanko:

When constitution is silent then, INEC must not take decision. INEC should go to supreme court for interpretation of law.


INEC cannot just approach the supreme court for constitutional interpretation of a matter. I think, only the attorney general can do that in some specific circumstance.

As an umpire, it is inherent on INEC to take a decision on the matter just like they have done. It is now left for any party that is not satisfied to approach either the high court or the election tribunal to contest the decision of INEC. The appeal will graduate to the supreme court and we can have a final decision on the matter.

1 Like

Re: Kogi Poll: Resign Now, PDP Tells AGF, INEC Chair by ademoladeji(m): 8:51am On Nov 25, 2015
kelmicheal:
what if apc brings a thief as substitution gov.will kogi people accept it?.fresh election is needed in these situation

Yes! They will accept it because most times, we tend to vote for popularity and party but not the personality.

Fresh election would causes chaos in Kogi. Kogi State is a very volatile state and any little spark could be catastrophic
Re: Kogi Poll: Resign Now, PDP Tells AGF, INEC Chair by ShowYourCertificate: 8:51am On Nov 25, 2015
noblegrex:
that would have been better but they've got the right to choose the elctorate because they believe they own the governor.but allthesame,I think the party owns the vote.
The party owns the vote but so does Faleke. He's the person recognised by law to replace Audu. Election is ongoing already!

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Re: Kogi Poll: Resign Now, PDP Tells AGF, INEC Chair by Stoical: 8:54am On Nov 25, 2015
This is my humble reasoning on this issue and please do not attempt to insult me, as I have a right to reason and I ain't quoting you.

The AGF might say what he said because he has to be in the good book of his masters...however, in doing this, he may have misled INEC who is supposed to be independent both in its decision making and actions.
What I see here is that after this unfortunate event, INEC should have made a pronouncement but they remained silence until the AGF spoke. Meaning, they were not sure of what to do, as such need the guidance of AGF and not necessarily their legal team(I might be wrong). As such, they are now seen to be partisan. I felt they should have gone to the court for immediate interpretation cum judicial pronouncement on a matter as this'd which the 2 constitution they are guided with had not envisaged and as such never spoke on.

This case should not be compared with Amaechi's even though it looks so close. The 2 events here are very different. What might make them seem close is the fact that the party is often accepted to be the one that wins and not the individual. But, I'll say that different strokes shouldn't be use for different folks on similar/almost similar scenarios; a case at hand is Gombe election petition tribunal which gave PDP victory to APC on account that PDP primary was not witness by INEC, rather than give PDP a chance to conduct a fresh primary, just as the are giving APC now in Kogi. Smh for Nigeria shaa.
I will want to ask some of us, if they would have voted for APC if Tinubu was its flagbearer (no pun intended). I believe party is a platform, but it is the individual that we all voted for, as such I believe also we will never vote for a party who doesn't present a candidate, even if INEC allows them to stand in for election, reason being that we may not like who they will bring up later...

As for Kogi, with the inconclusive result thus announced, APC/late Audu led and it is understandable when APC insist on substituting its dead candidate. But, would that person be who the Kogians actually would have voted for? A question that begs an answer from Kogians. Well, however it turns out, I feel APC will still win even with a re-run, because the citizens are tired of Wada's method of governance

I just feel that the supreme court may overturn this case or probably uphold it, as they are judges that know better than I do, especially if they are nonpartisan.

Sorry for the long writeup, but I couldn't have summari summarized my point earlier...comprehend and give me your own view...

1 Like

Re: Kogi Poll: Resign Now, PDP Tells AGF, INEC Chair by Nobody: 8:54am On Nov 25, 2015
midep:
Olisa Metuh get a brain and make use of your senses. Individual name is not recognise by law during an Election but the Party hence the need for the substitution of Audu Abubakar name.

Olodo Agbaya. ....
...not recognized.... Joke is on u.
Re: Kogi Poll: Resign Now, PDP Tells AGF, INEC Chair by Marvelency(m): 8:54am On Nov 25, 2015
All this long talk and resignation threats from the PDP is because they know its obvious that if allowed the way INEC wants it, the APC will emerge the winner and the winner might not be an Igala speaking person.. . Let's face the fact!
Re: Kogi Poll: Resign Now, PDP Tells AGF, INEC Chair by ShowYourCertificate: 8:57am On Nov 25, 2015
agabusta:


You guys are incredible! Go and study the constitution and the electoral Act, INEC CANNOT cancel the result of an election already released!

The power to cancel any result released rest only with an election petition tribunal. Once INEC announces a result, INEC cannot do anything or take any action on such a result again.

All the local government results announced so far by INEC stands. INEC cannot cancel them or even say they want to correct a mistake. INEC has no right whatsoever on those local government results. It is only an Election Petition Tribunal that can take action on those results earlier announced by INEC.
But are you also aware that fresh primaries cannot be conducted to select a candidate while elections are still ongoing? Audu and Faleke shared a joint ticket, why didn't INEC allow Faleke (the legitimate ticket holder in the ongoing elections) conclude the race?
Re: Kogi Poll: Resign Now, PDP Tells AGF, INEC Chair by superstar3: 8:58am On Nov 25, 2015
seunmsg:


Give what to PDP? Even Metuh won't make such demand.

The constitution and electoral act are both silent in the event of the present situation in Kogi state. So therefore, it is left for INEC as the umpire to take a decision based on the spirit of the law and what they can infer to be the intention of the drafters of the law. If PDP is not satisfied with INEC's decision, they should go to court.

Amaechi's case is a Karma that will hunt PDP if they want the table turned around in their favour on Kogi's guber election.
Re: Kogi Poll: Resign Now, PDP Tells AGF, INEC Chair by noblegrex: 9:00am On Nov 25, 2015
ShowYourCertificate:
The party owns the vote but so does Faleke. He's the person recognised by law to replace Audu. Election is ongoing already!
correct,I like that.that's wisdom
Re: Kogi Poll: Resign Now, PDP Tells AGF, INEC Chair by godoluwa(m): 9:01am On Nov 25, 2015
PRYCE:

Okay now! INEC is an independent entity... Way Out of the Authority of the AG!

Only A court can rule on the next step! Since they are the one's saddled with the responsibility of interpreting laws!

I said this yesterday and got the ugly side of the Only she-male left on earth! NgeneUkwenu!

So lawyers now and not judges interprete laws?

Too many dumb fellows On NL!

Lalasticlala please move this to the FP!
never expect any reasonable quote from NgeneUkwenu because he is a complete incorriggible numbskull

1 Like

Re: Kogi Poll: Resign Now, PDP Tells AGF, INEC Chair by noblegrex: 9:02am On Nov 25, 2015
ShowYourCertificate:
The party owns the vote but so does Faleke. He's the person recognised by law to replace Audu. Election is ongoing already!
correct,I like that.that's wisdom but I guess someone said they're conducting another primaries for the election.
Re: Kogi Poll: Resign Now, PDP Tells AGF, INEC Chair by Le2money(m): 9:02am On Nov 25, 2015
Stoical....second person to make sense wit his comment here
Re: Kogi Poll: Resign Now, PDP Tells AGF, INEC Chair by ShowYourCertificate: 9:07am On Nov 25, 2015
noblegrex:
correct,I like that.that's wisdom but I guess someone said they're conducting another primaries for the election.
Conduct primaries in the middle of an election? It's not done bro. It contravenes the Electoral Act.
Re: Kogi Poll: Resign Now, PDP Tells AGF, INEC Chair by agabusta: 9:08am On Nov 25, 2015
ShowYourCertificate:
But are you also aware that fresh primaries cannot be conducted to select a candidate while elections are still ongoing? Audu and Faleke shared a joint ticket, why didn't INEC allow Faleke (the legitimate ticket holder in the ongoing elections) conclude the race?

That is not my point and what I looked at.

This issue has to be taken step by step in order to identify where there is lacuna of the law.

As of now, there can not be a fresh poll according to the provisions of the constitution. There is no lacuna or ambiguity in that. INEC according to the constitution cannot cancel the result of a poll it has already announced. That is the position of the law. Death or no death, it stands! All the local government results announced so far stands! The constitution has already bound the hands of INEC in this regard.

So for certain, INEC has to conclude the process. Otherwise any fresh poll conducted will be a nullity.


This brings us to the 2nd issue on who now flies the APC card as it has been established that INEC has no option but to conclude the process.

You may be right on your assertion that a fresh primary conducted at this time may be an illegality. That is why INEC in its wisdom did not tell the party how to go about substituting its candidate. INEC merely told the party that the right of substitution belongs to them as they MUST conclude the election process given the provisions of the law.

The ball is now in APC's court on how to take an action that will be in tandem of the law.

In your own opinion as you said, a fresh primary is an illegality, I lean my argument in your direction in this regard as well.

My own opinion is that the Deputy should fly the flag while the party fields the person that emerged runner up in the election as the Deputy.

This will be a win-win situation for the party.

If the court later rules Faleke out of order, he will simply revert to his Deputy Position while the runner up who went in as Deputy takes over as Governor.
Re: Kogi Poll: Resign Now, PDP Tells AGF, INEC Chair by Le2money(m): 9:08am On Nov 25, 2015
ShowYourCertificate:
The party owns the vote but so does Faleke. He's the person recognised by law to replace Audu. Election is ongoing already!
Re: Kogi Poll: Resign Now, PDP Tells AGF, INEC Chair by opeyemi2015: 9:09am On Nov 25, 2015
where are the liars, sorry lawyers and the judges in the house. Over to you
Re: Kogi Poll: Resign Now, PDP Tells AGF, INEC Chair by benini56(m): 9:10am On Nov 25, 2015
PDP, Pls accept defeat and move on.
Re: Kogi Poll: Resign Now, PDP Tells AGF, INEC Chair by ReabridCharles(m): 9:14am On Nov 25, 2015
seunmsg:

PDP should go and sit down. They've lost the election already, so, what are they saying? They disagree with the legal opinion of the AGF and the decision of INEC but failed to offer their opinion on what should happened considering the legal quagmire that followed Audu's death.

Anybody or party that is not satisfied with INEC's decision should simply go to court. No need for any long story.

I really don't know why anyone should like this legally handicapped comment of yours.
What the INEC and AGF is totally unconstitutional and at much must not be accepted. I really don't expect you to understand since you're already partizan and wholly sentimental and parochial
Re: Kogi Poll: Resign Now, PDP Tells AGF, INEC Chair by eniorisha(m): 9:14am On Nov 25, 2015
What will then be d fate of late Audu's running mate?

I assume dt d new party flag bearer picked by d party will like to come with his own running mate.

In dt case, would Mr Faleke not be cursing his mother luck who did not allow late price Audu to av been sworn in & spend some days in office b4 surrendering to d cool hand of death!
Re: Kogi Poll: Resign Now, PDP Tells AGF, INEC Chair by Bloggz74(m): 9:16am On Nov 25, 2015
Its simply delicate and anyone trying to be emmotional or biased will set wrong precedence for the nation entirely. This s a costitutional issue and though we don't pray for bad thing in the future,if we can't handle this what if it happened in a presidential election? We now will be in serious trouble.

If u ask me I there s provision for;
* death before election
*death after swearing in
But not during election.

Again a law says
*a flag bearer must go through the primaries
*now apc wants to do a primary for already concluded election its confusing.

In Amechis case the election was concluded,winner emmerged and sworn in.
In Atikus case election conclded and result anounced.
In kogis case election was still going on and there's no provision in the constitution so wat law did inec and AJ ride on to arrive where they are?

In my opinion withoutbeing biased and judicial precedence the entire election shoul b cancelled and a fresh election fixed.
seunmsg:

PDP should go and sit down. They've lost the election already, so, what are they saying? They disagree with the legal opinion of the AGF and the decision of INEC but failed to offer their opinion on what should happened considering the legal quagmire that followed Audu's death.

Anybody or party that is not satisfied with INEC's decision should simply go to court. No need for any long story.
Re: Kogi Poll: Resign Now, PDP Tells AGF, INEC Chair by henryhemon(m): 9:17am On Nov 25, 2015
gare:


If you have a brain and you are not baised, you would understand what Metuh is saying, you can't at this substitute another person half way into the election, either it is done before the election. You can't have two governorship candidates for one elections, are you now saying PDP can change its governorship candidates?

What INEC ought to do is to cancel and call for a fresh elections or give it to pdp, this are the lapses in our constitution we ought to look at, not insulting ourselves every now and then

Shut up and stop deceiving people like your clueless masters pdp, that's the closest position of the law no sensible person will argue with it but are pdp members sensible?
Re: Kogi Poll: Resign Now, PDP Tells AGF, INEC Chair by HIGHESTPOPORI(m): 9:18am On Nov 25, 2015
seunmsg:



So, what happens to the results of the election that was conducted last Saturday?
What happened to Taraba election,why did d tribunal not give Pdp d victory since its d Party dat Wins election?

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