The tussle over the replacement for the governorship candidate of the All Progressives Congress in Kogi State, the late Prince Abubakar Audu, got messier yesterday as his camp rebuffed calls for his son, Mohammed Audu, or the first runner-up in the party’s governorship primaries, Yahaya Bello, to be given the ticket. Audu died on November 22, 2015, a day after the governorship election in the state, of undisclosed causes.

There had been calls by eminent Nigerians, including a former Governor of Abia State, Dr. Orji Uzor Kalu, and APC lawmakers in the state house of assembly for the party to hand the ticket to Audu’s son, Mohammed.
In fact, posters of the late politician’s 43-year-old son have started circulating in the state. The Independent National Electoral Commission had advised the party to produce a fresh candidate to replace Audu.

INEC also fixed December 5 for a supplementary election in 91 polling units after it declared the November 21 poll inconclusive. In response, APC said it would hold fresh primaries to produce a new candidate. Reports said APC had picked Yahaya Bello, who came a distant second in its governorship primaries.

Audu’s followers at a press conference in the Kogi State capital, Lokoja, yesterday said he specifically told them to support his running mate, James Faleke, if he failed to make it. Head of Media, Prince Abubakar Audu/Faleke Campaign Organisation, Dr. Tom Ohikere, said Audu issued the instruction on his death bed. He said Audu believed that Faleke was best suited to carry on with his vision and warned against any attempt to impose a candidate on the state chapter.

Ohikere also accused President Muhammadu Buhari and INEC of planning to foist a Muslim candidate (Bello) on the state chapter. He also alleged that some powerful forces prevailed on INEC to declare the election inconclusive after they learnt of Audu’s death on Sunday morning.

According to Ohikere, the presidency and APC leadership cannot claim to be unaware of the provisions of the law, whereby a running mate to a deceased candidate in an ongoing election steps in as the party’s flag bearer.
“But it has been a grand conspiracy between the party leadership and the Presidency to ensure that a Muslim is used as a replacement to late Prince Abubakar Audu, who died on November 22.

The state will not only catch fire, but the late Prince Audu will rise from the grave and unleash terror on anyone involved in this conspiracy. “Let me open up to you now. Our political mentor and father, late Prince Audu on his death bed, gave instructions to us (his followers), that should he not make it, the baton must be transferred to his running mate, Faleke, whom he (Audu), said is capable of carrying on with his vision. “I want to categorically tell you that the party/executive’s conspiracy started when they heard that Prince Audu was dead.

In an ulterior move to stop a non-Muslim (Faleke), from stepping in, the INEC returning officer was quickly directed to declare the result inconclusive,” he stated. Audu’s camp also disagreed with the Attorney- General of the Federation and Minister of Justice, Abubakar Malami, on his position in respect of the crisis. The AGF had at a conference in Abuja advised APC to present a fresh candidate to pick up the mantle.

He also said the camp had studied the various opinions canvassed by lawyers on the matter. He, however, said Audu’s camp would not accept a situation where APC chieftains would prefer to back Wada to get a second term instead of backing Faleke to step into Audu’s shoes. Ohikere, who stressed that the AGF’s observation was a ‘pure script reading,’ said, “I don’t agree with the AGF on his position regarding the nomination of another candidate by the APC. I however agree that a supplementary election can be proceeded with by INEC.”

“I’m amazed by the welter of opinion canvassed by several leading legal icons on this seemingly thorny issue. Some have called for a fresh election, others have argued otherwise while some have posited that the victory of APC should be, wholesale, donated to PDP’s Capt Wada. “Surprisingly, all these arguments seem to have overlooked the provisions of section 187 (1) of the constitution of the Federal Republic of Nigeria, 1999 as amended.

This provision states: ‘In any election to which the foregoing provision of this part of this chapter relates, a candidate for the office of governor of a state shall not be deemed to have been validly nominated for such office unless he nominates another candidate as his associate for his running for the office of Governor who is to occupy the office of Deputy Governor……’ “I am tempted to expound the above provision of the constitution applying or adopting the literal and grammatical approach to its interpretation.

It therefore follows that in the Kogi State governorship election of 21st November, 2015, Hon. Faleke was an associate candidate in that election. Methinks that the election, having proceeded and results released or declared before the demise of the main candidate, the associate candidate must, constitutionally, be entitled to step into the shoes of the (deceased) main candidate.

“Clearly, the raison d’être for insertion of the provision of section 187(1) into the constitution is for such situation as has played itself out in Kogi State with the demise of the governorship candidate before the conclusion of election, but after the commencement of polls.
“It is not in doubt that at the time of the occurrence of the death of Prince A. Audu, Hon. Faleke had acquired vested right to the votes cast in that election alongside his party (APC).

To my mind, the provisions of section 36 of the Electoral Act 2010 as amended, espoused by the AGF as the applicable provision, is absolutely inapplicable to the facts and the stage of the election during which the death of the main candidate occurred.

For the avoidance of any doubt section 36(1) of the Act provides: ‘If after the time for delivery of nomination paper and before the commencement of the poll, a nominated candidate dies, the chief national 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 14days.’

“Contrary to the foregoing provision, election or polls have commenced and been concluded in majority polling stations and results declared, bringing the situation much closer to that anticipated and provided for in section 181 of the 1999 Constitution as amended.
“Consequently, it is my well considered view, in the circumstances, that it will accord with the wisdom of the draftsmen of the constitution to allow Hon. Faleke who was not just a candidate of APC in that election, but who has acquired vested rights in the results declared to simply nominate a running mate who will conclude the process along with him,” he added.

Ohikere further advised the Presidency and APC’s national leadership to, for the sake of peace and unity the state is currently enjoying, suspend moves capable of undermining the provisions of the law on “selfish ground.” He also accused Bello of parading himself as the new candidate on the basis of his closeness to Buhari.

However, none of Buhari’s spokespersons could be reached as they were said to have travelled with the President to Malta for the Commonwealth Heads of Government Meeting. Faleke had through his lawyer, Chief Wole Olanipekun (SAN), written INEC, asking it to declare him governor-elect since he had a joint ticket with Audu. APC members of the state house of assembly had on Friday threatened to impeach any candidate produced by APC if he or she wins the election. However, APC National Chairman, Chief John Odigie- Oyegun, yesterday said the party would take an appropriate position by announcing Audu’s successor after the seven days prayers for the repose of his soul in line with Islamic doctrine.

In a response to an SMS on why the party is delaying the announcement of his successor, Odigie-Oyegun replied: “We will speak on Monday after the seven-day prayers for Prince Audu.”
Also yesterday, APC youths blocked Itobe bridge in Ajaokuta, linking Kogi West and Central with Kogi East over the governorship candidacy crisis. The protest caused a heavy traffic for many hours. When
contacted, the state command’s spokesman, William Aya, said he had heard about it and was trying to obtain a confirmation from the area commander.

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Ohikere also accused President Muhammadu Buhari and INEC of planning to foist a Muslim candidate (Bello) on the state chapter. He also alleged that some powerful forces prevailed on INEC to declare the election inconclusive after they learnt of Audu’s death on Sunday morning.


“I want to categorically tell you that the party/executive’s conspiracy started when they heard that Prince Audu was dead.

In an ulterior move to stop a non-Muslim (Faleke), from stepping in, the INEC returning officer was quickly directed to declare the result inconclusive,” he stated.

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