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Tag: Kogi election

  • Kogi election results validate our reports, say YIAGA

    Kogi election results validate our reports, say YIAGA

    A civil society organisation, YIAGA Africa said the results of the Saturday governorship election in Kogi state corroborated its reports drawn from 278 of 286 (97.2%) sampled polling units during the poll.

    The Independent National Electoral Commission (INEC) had on Sunday, November 12, declared Usman Ododo of the All Progressives Congress (APC) as the winner of the highly contested election.

    YIAGA Africa, which deployed observers and the Process and Results Verification for Transparency (PRVT) methodology to observe the election, said the outcome of the poll reflected what transpired at the polling units.

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    The group made this known during the presentation of its Process and Results Verification Statement on the November 2023 Off-Cycle Governorship Elections in Bayelsa, Imo, and Kogi States on Monday, November 13, in Abuja.

    On Kogi state result verification, YIAGA Africa said: “Based on reports from 278 of 286 (97.2%) sampled polling units, Yiaga Africa’s statistical analysis shows that the All Progressives Congress (APC) should receive between 47.0% and 59.0% of the vote, Peoples Democratic Party (PDP) should receive between 4.8% and 7.4% and Social Democratic Party (SDP) should receive between 31% and 42.4% of the vote. No other political party should receive more than 1.2% of the vote.

    “INEC’s turnout and rejected ballots for the 21 LGAs as announced are consistent with Yiaga Africa WTV PRVT estimates. Yiaga Africa’s turnout estimate is between 34. 4% and 43.6% (39.0% ± 4.6%) while INEC’s official turnout is 40%.

    “Similarly, Yiaga Africa estimates rejected ballots are between 0.9% and 1.5% (1.2% + 0.3%) while INEC’s official rejected ballots number is 1.45%.

    “Official results for the 2023 Kogi state governorship election are consistent with Yiaga Africa’s WTV estimate (specifically, it falls within Yiaga Africa’s WTV estimated range). Had the official results been changed at the ward, LGA, or state collation centres, the official results would not have fallen within the Yiaga Africa WTV estimated ranges.”

  • Kogi election: Where are the dissenting judgements?

    Kogi election: Where are the dissenting judgements?

    IT is inconceivable that given the extreme controversiality of the Kogi election petition there was no dissenting judgement. Yet, in the past five years, it is doubtful whether a more difficult and controversial case existed, one that desperately yearned for a great jurist to leave an extraordinary judicial imprint on the practice of law in Nigeria. But in the past nine months or so, and in respect of the James Abiodun Faleke petition in particular, and at the three levels of the election petition tribunal, Appeal Court, and Supreme Court, the eminent justices were unanimous in their decisions. That unanimity is truly intriguing, for among legal professionals everywhere, the case was touted as a difficult and puzzling one. The conclusion many commentators will draw from the judges’ unanimity is that either the lawyers who scrutinised or argued the case were overrated or the judges who decided the case had become complacently uninterested in the many juridical and intellectual possibilities the case presented to the diligent and studious.

    The judiciary has come under harsh criticism in Nigeria, with sundry allegations of either incompetence or corruption. Judicial officers have sadly done little to dispel these allegations, and contradictory judgements and seemingly flagrant abuse of rules and procedures have worsened the matter. Even the presidency, probably for narrow reasons, has been unsparing of what it describes as the inimical role the judiciary is playing in the struggle to entrench transparency, democracy and the rule of law. Indeed, what these criticisms and allegations indicate is that something is seriously amiss in the judiciary. Whether the problem is corruption, as many critics allege, or poor quality of legal education and cowardice, as friends of the judiciary fear, remains to be seen.

    That the Hon Faleke petition can pass through three judicial layers, despite the novelty of its legal circumstances, without a single dissent from any judge in the fashion of Britain’s Lord Denning or Nigeria’s Kayode Esho is truly astounding. Have the appellate courts become a bastion of camaraderie, or a haven of cowards, or a citadel of unlearned and timid judges? Yes, Nigeria is embroiled in self-made crisis as it battles mediocrity in all sectors of national life, but the country’s appellate courts used to have a reputation for courageous and learned judgements exemplified by the golden age of the Supreme Court when Justices Esho, Chukwudifu Oputa, Anthony Aniagolu, Chukwunweike Idigbe, Mohammed Bello, Adolphus Karibi-Whyte etc. passed through the land with their giant footprints.

    This column may have taken a stand almost from the beginning against the All Progressives Congress’ decision to impose/substitute Yahaya Bello in the governorship poll extended by electoral sleight of hand from November 21 to December 5, 2015, and had thought the case would present little or no complications to the judges in ensuring that justice was served. But regardless of this column’s preferences, it was expected that even if the Faleke petition would fail, surely two or three judges at the appellate levels would satisfy the country’s hunger for erudite and considered dissenting judgements enough to constitute at a later stage the bases of new laws in the fashion of Lord Denning and Justice Esho.

    Who can forget the landmark Esho dissent in the famous case of Awolowo V Shagari [1979], wherein he took very strong exceptions to the majority decision? He was barely one year in the Supreme Court at the time. But in 2016, three Election Petition Tribunal judges, five Appeal Court judges and seven Supreme Court justices sat on the Faleke petition and none dissented nor felt inspired to engage in the intellectual leisure of dissenting. What has happened to the judiciary? It is shocking that none of the justices felt the need to summon the courage to break ranks with his colleagues in the service or defence of justice. If Lord Denning could accept a ‘step down’ from the House of Lords to return to the Court Appeal in order to seize the opportunity to make judgements that would transform the law and society, what has happened to the mettle of Nigerian judges that they do not feel inspired by a sense of history?

    The opportunity to give a dissenting judgement in the novel case indicated by the Faleke petition is now lost. The onus to offer a redress will perhaps now pass to the legislature. The country may be overtaken by unremitting mediocrity, but it is hoped that somehow, a new breed of courageous and brainy judges with an eye on the future can rise to the appellate courts and begin the arduous task of restoring the glory of the Bench. That new breed is desperately needed in a country where the executive and legislative branches have dedicated themselves to undermining the cause of justice and destroying the rule of law, and the judiciary itself is too enfeebled by its many distractions to promote justice or defend the rule of law.

  • The Kogi election petition verdict

    The Kogi election petition verdict

    THE GOVERNORSHIP ELECTION PETITION TRIBUNAL LOKOJA, KOGI STATE
    HOLDEN AT ABUJA ON THE 6TH DAY OF JUNE, 2016 BEFORE THEIR LORDSHIPS
    Hon Justice H.S. Mohammed-Chairman
    Hon Justice P.I. AJOKU-Member
    Hon Justice O. EJEMEBI-Member
    Between
    Hon J.A. Faleke-Petitioner
    And
    1. Independent National Electoral Commission(INEC)
    2. Yahaya Bello Respondents

    The Kogi State Governorship Election Petition Tribunal which sat in Abuja on June 6, 2016, ruled in favour of Governor Yahaya Bello in the petition filed by the erstwhile running mate of gubernatorial candidate of All Progressives Congress (APC), the late Abubakar Audu. Below are excerpts:

    JUDGMENT

    On the 21st of November 2015 and 5th December 2015, the Independent National Electoral Commission(INEC) (hereinafter referred to as the 1st Respondent), conducted election to the Office of the Governor of Kogi State. There were 22 contestants at the said election. Hon. James AbiodunFaleke, (hereinafter referred to as the Petitioner) was the Deputy Governorship candidate of the All Progressive Congress(APC) with Prince AbubakarAudu(now deceased)as the said Kogi State Governorship Election of 21/11/2015 as alleged. YahayaBello, (hereinafter referred to as the 2nd Respondent) was the Governorship Candidate of the All Progressive Congress(APC) at the December, 5th 2015 supplementary election in Kogi State having substituted the late Prince Audu.

    At the conclusion of the election, the 1st Respondent declared and returned 2nd Respondent as the winner of the election, having scored the majority of the lawful votes of 247,752. The petitioner being dissatisfied with the declaration and return of the 2nd Respondent by the 1st Respondent as the duly elected Governor of Kogi State filed the petition challenging the said declaration and return.

    The Petitioner premised his petition on two grounds viz:

    (1)          That the 2nd Respondent was, at the time of the election, not qualified to contest the election.

    (2)          That the 2nd Respondent was not duly elected by majority of lawful votes cast at the election.

    The Petitioner contends that after the conduct of the November 21, 2015 election which was concluded, the 1st Respondent purportedly conducted a supplementary election on December 5th, 2015. Further, the contention is that though the 2nd Respondent is from Okene Local Government of Kogi State, he did not register as a voter in his ward, he did not vote at the said election in Kogi State, he neither presented himself to be voted for nor campaigned for votes and was not a candidate at the December, 5th 2015 only but was duly returned by the 1st Respondent as the Governor of Kogi State at the end of the supplementary election by adding the November 21, 2015 election scores and December 5th, 2015 election.

    The Petitioner contended that by virtue of section 187(1) of the Constitution and Section 137(1) a of the Electoral Act, he has the right to file this petition.

    The grounds and reliefs sought by the petitioner were as earlier stated in the summary of the petition. The petitioner contended that the 2nd Respondent had not nominated a Deputy Governor for the election as he had informed the 1st Respondent in writing that he will participate in the supplementary election as the associate of Deputy Governorship Candidate of the 2nd Respondent.

    DECISION ON PRELIMINARY OBJECTIONS

    The tribunal has carefully considered the issues raised by the parties in their respective affidavit evidence and submissions of respective counsel to the parties, from the community reading of the issues raised by the 1st and 2nd Respondents in their respective notices of preliminary objection, the following issues have been crystallized from the respective issues raised by the Respondents, they include;

    Their respective submission as evidenced in issue one, urging this tribunal to strike out the petition, as the Petitioner does not have the locus standi to institute the petition against the Respondents. The Respondents had contended that the Petitioner does not qualify as a person envisaged by section 137 of the Electoral Act 2010 (as Amended) to file this petition. The Respondents have argued that the petitioner is neither the Political Party nor a gubernatorial candidate to entitle him to file a petition.

    The Petitioner/Respondent however contends that he has the locus standi within the meaning of section 137 of the Electoral Act having been sponsored by his party as a deputy governorship candidate for the gubernatorial election held in Kogi State at the November 21st, 2015 Election.

    He contended that the election was conc1uded on 21/1 1/2015 and that on the death of the gubernatorial candidate, Prince Audu; he automatically became the governorship candidate of his party i.e governor elect.

    It was also the contention of the Petitioner/Respondent that by virtue of section 1 87(I) and (2) and 1 8 1 (I) of the 1999 Constitution of the Federal Republic of Nigeria he has locus standi as a candidate to file the instant petition. In his words:

    “. . . . .  Section 1 8 7 of the constitution makes a deputy governor a candidate, not only does this section make a deputy governor a candidate, it also makes his candidacy a -sine qua non to valid nomination for election to the office of governor. By constitutional imperative therefore, the locus of the Petitioner as a candidate cannot, with respect be challenged.”

    For the avoidance of doubt, this tribunal hereby reproduce the provisions of section 1 37(I)(a) and (b) of the Electoral Act (20 1 O)(as amended) and section 187 (I) and 1 8 1 (I) of the constitution of the Federal Republic of NigeriaI999 …

    Section 1 37 (I); an election petition may be presented by one or more of the following persons:

     

    [A] a candidate in an election.

    [B] a Political Party which participated in the election.

     

    Section 187 (1)

    “In any election to which the foregoing provisions of this part of this chapter relate, 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 and that candidate shall be deemed to have been duly elected to the office of deputy governor if the candidate who nominated him is duly elected as governor. In accordance with the said provisions”

     

    Section 181 (I)

    “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 whatever to be sworn in, the person elected with him as deputy governor shall be sworn in as governor and he shall a 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”

     

    The tribunal notes as follows:

    1. Both the Petitioners and Respondents are in consensus on the

    fact that only a candidate or Political Party can present a petition before a tribunal within the provisions of section 137 (I) of the Electoral Act 20 1 0 (as amended).

     

    1. However, while the Respondents are of the view Petitioner, not having been fielded as the gubernatorial candidate or flag bearer of the All Progressive Congress (APC) at the governorship election held on 2 1/1 1 /20 1 5 and the said election having been held to be inconclusive, the Petitioner lacks the locus standi to present a petition as a gubernatorial candidate of the party. The Petitioner on the other hand contends that on the death of the gubernatorial candidate, he stepped into the shoes of the deceased as the gubernatorial candidate.

     

    1. Based on 2 above, the Petitioner further contended that the election having been concluded and won by his party APC, as at November 2 1 , 20 1 5 , he automatically became the governor-elect of Kogi State. It is on this premise that the petitioner/Respond 1t contends that he has the locus stand to bring or file the petition.

     

    It is not in doubt that the Petitioner’s name was submitted by his party for the office of the deputy governorship candidate of his party for the 2 1 /1 /2015 election but not as a governorship candidate. It is pertinent to note that the parties are not in any doubt that the said election was declared inconclusive. Flowing from the above, it is safe to conclude that:

     

    1. The fact of inconclusiveness suggests that no return would be made of the winner of the election.
    2. Where there is no return made of a winner, the issue of governorship- elect and deputy governor-elect will not arise.
    3. In the given circumstances, as at the 21/1 1/20 1 5, there was no declaration and return made as the election was declared inconclusive.
    4. Furthermore, that the provision of section 1 8 1 of the 1999

    constitution contemplates a situation where a declaration had been made and persons returned as governor- elect and deputy governor elect respectively.

    1. That the said section 8 1 (I) envisages a situation where a deputy governor elect takes over as a governor- elect on the death of the governor elect.

    It is however obvious from the fact available to this tribunal that the facts in contemplation by section 181 of the I999 constitution have not arisen in the instant case, as there is ‘no evidence, documentary or otherwise presently before the tribunal to show that before the death of the APC’s gubernatorial candidate, Prince Audu, that the gubernatorial candidate and his deputy have been pronounced as governor and deputy governor- elect respectively.

    Section 187 of the constitution of the Federal Republic of Nigeria I999 (as amended) contemplates a valid nomination of a governor and a deputy and their subsequent successful election. To our mind it does not envisage a situation where there is no return and/or the election is inconclusive. To that end, a person intending to utilize the provisions of section 187 ought ideally to have been validly nominated and returned in the election in question.

    Contrary to the contention of the Petitioner, the provisions of section 181 and 187 of the 1999 constitution to our mind do not enure to the Petitioner. As the Petitioner not having presented the petition as a deputy governor- elect within the provisions of section 181 of the constitution cannot be properly defined as a candidate within the meaning of section 137 of the Electoral Act 201 0 (as amended), the election being inconclusive. See TAIWO .V. ADEGBORO (201 1) SCM 159, AJAVI .v. ADEBIYI (2012) 1 (NWLR) (PT. 1310) 137, INEC .V. OGBADIBO LOCAL GOVERNMENT & ORS (2015) LPELR-SC 309 (2014, ENYONG & ANOR .Y. EKPEYONG & 2 ORS (supra)

    It is therefore the tribunal’s view that neither section 1 87(1) nor section 181 (T) of the 1999 constitution enures to clothe this Petitioner with locus stand to institute this instant petition. Issue one as distilled from the Respondent’s objection is hereby upheld.

    On issue two as crystallized by this tribunal from the issues raised by parties, the tribunal having carefully examined the respective submissions of counsel on the issue notes as follows:

     

    1. That both Respondents contend that the fact that the 2nd

    Respondent was substituted for late Prince Audu by APC is within the internal arrangement of APC.

    1. That the Petitioner has not ceased being a member of APC, the party to which the 2 Respondent also belongs to.
    2. Both Respondent and the petitioner are in agreement that the petitioner is not an independent candidate in the November 2 1, 2015 election.
    3. Both Respondents contend that since the dispute between the petitioner and the 2nd Respondent arose from nomination and substitution of late Prince Audu with the 2nd Respondent by APC that same amounts to an intra-party dispute which ordinarily is within the jurisdiction of the High Court, being a pre-election matter.
    4. The petitioner on the other hand contends that the case of the petitioner is not hinged on nomination and sponsorship of the 2nd Respondent by his party APC.
    5. That both the late Prince Audu and himself were sponsored as candidates for the 21/1 1/20 15 gubernatorial election at Kogi state.
    6. That contrary to the Respondent’s contention, that the election of 21/1 1/2015 was concluded before the death of Prince Audu, the governorship candidate.
    7. That consequent upon the death of the late governorship candidate, that he ought to have within the provisions of section 1 8 1 (I) of the I999 constitution stepped into the shoes of late Prince Audu, both having become governor and deputy governor- elect respectively.
    8. That the failure of the 1st Respondent to declare and return him as the governor- elect and consequently swear him in as the ‘governor of Kogi state and the subsequent declaration and return of the 2nd Respondent by the 1st Respondent as the governor- elect instead, is his grievance in the instant petition.
    9. The Petitioner thus contended that the petition did not arise

    from intra- party dispute and hence not a pre- election matter.

    Flowing from the above, the tribunal notes that two salient issues have arisen for consideration thus;

     

    1. Whether the petition is properly before the tribunal and thus competent.

     

    1. Whether the Petitioner has locus standi to file the petition in the circumstances of this case.

     

    On one as above- stated, the tribunal notes that it is trite that the process candidate to be sponsored by a Political Party is the domestic affair of the party, based on the sole discretion of the party. The court has no jurisdiction to question the exercise of such power by the Political Party. See EFFIOMV.C.R.S.I.E.C (2010) 14 NWLR (PT.1213) 106, OZIGBO.V.PDP (2010) 10 NWLR (PT.1200) 601 at 651 paras A-C, PDP.V.SYLVA(2012) 13 NWLR (PT.1316) 85 SC at 124 para D, 125 paras B-G, 137 para H, 138-139 paras F-A 142-143 paras F-A, and 152 paras F-G.

    However, it has been held further by plethora of authorities that by Act and 285(1) of the 1999 Constitution that only the Election Petition Tribunal is vested with issues relating to the conduct of election and return of a candidate in an election as well as the power to nullify an election. See OPIA.V.INEC(2014) 7 NWLR (PT.1407) SC at 459paras D-F.

    Furthermore, it is not in all cases that a pre-election matter must be instituted, heard and determined by a High Court as the principle admits an exception, one of which where the pre-election dispute arose is filed after the conduct and conclusion of an election, same becomes a post- election matter. See the case of WAMBAI.V.DONA’I US (2014) 14 NWLR PT.i427)223 SC at 252 paras A-D, APC.V. AGBAJE at ORS LPELR25 668,

    GBEDE.VJNEC & ORS (2014) LPELR 23763 SC.

    It is trite that issue of inherent non- qualification of a candidate who did not meet the qualification stipulated in the Constitution can be questioned before an election tribunal. See the case of UDUMA.V.ARUNSI (supra) at 132 paras A-C. Hence, the Supreme Court in the case of OHAKIM.V.OGBASO (201 0) 19 NWLR (PT.1226) 172 paras G-D stated thus;

    “. . . . . .It is necessary that everything connected with the process leading to the election and its aftermath come within the jurisdiction of the election tribunal. . .the proper court to entertain any action arising therefrom or relating thereto is the relevant Election tribunal established by the Constitution of this country as the matter is not a pre-election matter.”

    It is not in doubt that the complaint in the instant petition arose during the course of the 2 1/1 1/20 15 and 5/12/2015 gubernatorial election of Kogi State. It is also a fact that the dispute in the Petition borders on the nomination, sponsorship, and qualification of the 2nd Respondent by the APC as a substitute for its late gubernatorial candidate for the 5/12/2015 election. It is therefore the tribunal’s considered view that even though the issue of nomination and sponsorship is a pre-election matter, but same having

  • Breaking News: INEC declares APC’s Yahaya Bello winner of Kogi polls

    Breaking News: INEC declares APC’s Yahaya Bello winner of Kogi polls

    The Independent National Electoral Commission has declared the candidate of the All Progressives Congress (APC), Alh. Yahaya Bello as the winner of the Kogi governorship election.

    INEC announced that APC polled 247,752 votes to defeat PDP who came second with 204,877 votes.

    The PDP candidate, Wada lost in his LGA in the supplementary poll.

  • Kogi: Voting commences in Ankpa, Olamaboro, Igalamela-Odolu

    Kogi: Voting commences in Ankpa, Olamaboro, Igalamela-Odolu

    Voting in the Saturday Kogi governorship supplementary election is in progress in most affected polling units in Ankpa, Olamaboro and Igalamela/Odolu local government areas.

    The News Agency of Nigeria (NAN) reports that in Ankpa, voting commenced at Ankpa Ward 2, Unit 001 in Ajobe and RCM primary school polling units and other six affected units at 1:30 p.m. as scheduled.

    Also in the four affected polling units in Olamaboro Local Government Area, voting commenced at about 1:30 p.m. with security agents at alert and voting going on smoothly.

    At Ajaka Ward 1, Unit 001, as well as Oforachi Ward 1, Unit 001 in Igalamela/Odolu Local Government Area, voting also commenced on time.

    However, voting did not start as at 2:00 p.m. when NAN visited the Emere Junction polling unit, the ninth affected unit in Ankpa Local Government where 129 out of 599 registered voters were accredited.

    Abel Akowe, the Peoples Democratic Party (PDP) agent at the polling unit, frowned at the delay in commencement of voting.

    Akowe alleged that the All Progressives Congress (APC) was planning to manipulate the process in its favour.

    He, therefore, called on security agents at the polling unit to be vigilant to forestall manipulations.

    According to him, this will avoid a repeat of the crisis that led to the cancellation of results of the unit during the Nov. 21 election.

    Mr Salisu Adejoh, the APC agent at the unit, said there was no problem, adding that the Presiding Officer and his team were taking their time to ensure everything went on smoothly.

    Adejoh denied allegations of plans by his party to engage in any form of malpractice.

  • Bello, Faleke supporters clash in Abuja

    Bello, Faleke supporters clash in Abuja

    Supporters of Alhaji Yahaya Bello who was chosen to replace the Kate Prince Abubakar Audu in this weekend’s supplementary election in Kogi state and those of James Abiodun Falake clashed at the APC national Secretariat just as the party was about to begin a meeting with stakeholders in the state to announce their choice.

    The supporters carrying sticks and stones tore at each other freely with the policemen on ground looking helpless and unable to curtail them.

    Kaduna state governor, Mallam Nasir el-Rufai who arrived the secretariat about the time the supporters were beginning to go violent had to abandon his car at the gate and enter the secretariat on foot.

    A few seconds later, James Faleke arrived the scene, sparking off the fight between the supporters who started throwing stones at each other, while others carrying sticks started chasing after each other.

    An elderly man wearing blue brocade with cap to match was seen calling some of the rioters who were running away from the scene to return while some of the police men had to take cover to avoid being hit with the stones.

    One of the vehicles on the convoy of Faleke was hit on the bonnet by the flying stone thrown by one of the rioters.

    A detachment of heavily armed Mobile policemen had to be drafted to the APC secretariat to bring the situation under control.

    Bello had arrived the APC secretariat with his supporters at about 2.45pm and immediately went into the office of the National Secretary, while his supporters practically blocked the gate of the secretariat chanting Sai Yahaya Bello and carrying placard.

    As early as 9.00, security had been beefed up at the secretariat with sources saying that the leadership had information that hired crowd were clearing to the secretariat from Kogi to come and protest at the secretariat.

    Visitors to the APC secretariat were however restricted while Journalists covering the party were subjected to heavy security checks before being allowed into the secretariat.

    The meeting of the party leadership with stakeholder of the party in Kogi state which was earlier scheduled to begin at about 10.00am however did not start until about 4.00pm.

    The meeting had in attendance Alhaji Yahaya Bello, James Abiodun Faleke, Nasir el-Rufai who was chairman of the panel that conducted the Kogi governorship primary of the party, Senator Dino Melaye, Senator Mohammed Okhiare among other APC leaders from Kogi state.

  • Audu’s ghost

    Audu’s ghost

    Abubakar Audu is dead. Scratch that. Abubakar Audu is not dead. The fellow with an aristocratic bearing sits astride in Kogi. He is not buried. He is not quiet. His spirit, like that of Shakespeare’s Banquo or Hamlet, is walking the night of Kogi politics.

    Like novelist Mark Twain noted, stories of his death have been greatly exaggerated. It has roared out of the decision of INEC to call the election inconclusive. It snorts in the APC’s order to foist Yahaya Bello on the ticket. In the fulmination of Audu’s ethnic loyalists. In Abiodun Faleke’s rage at being wronged. In the fiery pros and cons of lawyers.

    “Oh dead who have always refused to die,” lamented Leopold Senghor in one of his poems on his ancestors. Audu will not sleep. He will howl and rage until justice is done in Kogi State.

    It all began when the umpire missed its step. It declared the election inconclusive based on the voter’s register of 49,000 persons. This must be an INEC without memory. In their last round of elections, did we base the process on registered voters or PVC voters? The resident electoral officer knew the PVCs were far fewer than registered voters. The difference between Audu/Faleke ticket and Governor Wada was about 40,000 votes.

    On the average across the country, the PVCs were far less than 70 per cent of the registered voters. INEC has not denied reports that the 91 remaining units account for about 25,000 PVCs. That makes the election conclusive and a victory to Audu/Faleke ticket. And on account of Audu’s death, we should have shed tears for Audu and shed the state of crisis. Faleke would be governor-elect, and we will be looking forward to Bayelsa State where the imperial, baton-wielding policeman Governor Seriake Dickson is sweating over the bulala of defeat that awaits him December 5.

    So, why did he declare the election inconclusive without disclosing the PVC facts? The returning officer was no illiterate but a professor and vice chancellor? What kind of vice chancellor would show such a lag in logic and imbecility on the public space? The whole hoopla in town now would have been averted if he just did a scintilla of research.

    The word quagmire has haunted the process. INEC did not ease tension by asking the APC to substitute Audu and fixing December 5 for a supplementary election. It has bad legal advisers, so did the APC brass. INEC wanted to quickly get out of the morass. No law tells us how to substitute when more than 80 per cent of the election has happened. If the party is to substitute, the party must conform to the law. And the law says that a 21-day notice must go to INEC before primary. But the election will hold only December 5. Even at that, it applies only to elections that have not taken place. Here, only 91 units are left. The election has been concluded. INEC has no power to cancel it because the constitution gives only two conditions to cancel an election. That is, when there is violence and over-voting. None of these conditions apply.

    If the APC makes Bello its candidate, it will fall into the hands of the PDP because Bello did not abide by the rules of 21-day notice. They will invalidate his victory. He might have been second in the primary, but he was not part of the election. The APC is overthrowing the principle of justice by bypassing Faleke. Audu chose him as deputy. The principle of the constitution allows the deputy to take over in case the governor candidate cannot continue either by reason of death or any other kind of incapacity before the election, as governor-elect and governor. The unlegislated period was about 24 to 48 hours before the declaration of result. That lapse in concentration by the law drafters precipitated the crisis.

    Otherwise, the deputy is successor. The law always asks the deputy to take over to affirm the unity of the ticket. If Audu won the primary, the law empowered him to pick a successor. And if the law asks him to pick his deputy before and after the election, it means the constitution has moved the ticket beyond the primary. Once one leaves, the next fills in. It is a simple principle of justice. That explains why the deputy campaigns with the governor candidate as a joint proprietor. But the law omitted the election time. Hence Edmund Burke quipped that “bad laws are the worst sort of tyranny.” And Henry Thoreau said, “the law never made anyone a whit more just.”

    When the law fails, we call for justice. But lawyers often forget that the law was made for justice and not for egos. Hence they play strict constructionist, when convenient, by seeking the letter of the law and not the spirit. They forget the intention of justice rather than the vanity of the written text.

    If the party ought to pick the candidate, the party must abide by law and justice. If Faleke was a part of the elections so far, some have argued that it does not matter because the law recognises not candidate but parties. The law here contradicts itself. It cannot give rights and roles for candidates and subsume them conveniently under the party banner. The law that asks deputies to succeed the leader cannot wipe out the candidate. The contradiction can only be resolved when the candidates negotiate with the party towards a resolution. While it still poses a conundrum, the constitution clearly shows that the candidate matters. The Amaechi example is sometimes interpreted out of context.

    But the matter will eventually be resolved in court. It will decide that the election was conclusive and Faleke should have been declared governor.

    Part of the problem lies in the Jonathan syndrome. Faleke comes from what they call the Okun in Kogi as against the Igala. Jonathan’s succession to Yar-adua was resisted because he was no Hausa-Fulani. The Otueke shoeless man gained nationwide sympathy and hence he became president. We have a miniature play of that politics in Kogi. Justice is the victim. But just as Bob Enyart noted, “It is not a justice system. It is just a system.”

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  • Kogi: Sagay hails INEC decision

    Kogi: Sagay hails INEC decision

    Professor of law, Itsey Sagay has said that the decision of the Independent National Electoral Commission (INEC) ‎to proceed with the governorship election in Kogi state is the only logical solution to the confusion created by the death of the All Progressives Congress (APC), Abubakar Audu.

    Reacting to Tuesday’s decision of INEC to hold supplementary election in the state on December 5, Sagay agreed with the school of thought that Audu’s running should step in to carry the flag of the party for the supplementary election.

    Said Sagay;  “‎with the passing away of Abubakar Audu, the only logical and solution closest to the law on ground now is to allow his running mate to step into his shoes for the supplementary election.

    “We already have that in the constitution with regards to somebody who has won an election but died and is unable to assume office for any reason.”

    Giving explanation on constitutional provisions on the matter, Sagay referred to section 181 (1) of the constitution which he said stated that “where there is a governorship election and the victorious candidate dies before he is sworn in, his deputy or running mate shall be sworn in as governor. But in this case there is nobody elected as governor but the election has been held, leaving only supplementary election to be done and the candidate of one of the political parties died, by analogy, I think that provision in Section 181(1 )shall apply so that the deputy governorship candidate should now be regarded as the governorship candidate for the purposes of the supplementary election,”he stated.

  • INEC asks Kogi APC to pick new candidate

    INEC asks Kogi APC to pick new candidate

    • Announces date for supplementary election

    The Independent National Electoral (INEC) Tuesday asked the All Progressives Congress (APC) to pick a new candidate as replacement for late Prince Abubakar Audu in order to continue with supplementary election.

    It would be recalled that Audu died just as INEC was collating the results of the November 21 election, in which he was leading.

    In a statement signed by the secretary to the commission, Augusta Ogakwu, on Tuesday, INEC announced it would allow the conclusion of the election process by conducting supplementary elections in the remaining 91 polling units where elections were cancelled.

    The supplementary election will hold December 5, INEC announced.

    [news_in_pics style=”2″ display=”tag” tag=”INEC” count=”7″ show_more=”on” show_more_type=”link”]

  • TMG releases report on Kogi election

    TMG releases report on Kogi election

    The Transition Monitoring Group has released a report of its Kogi election monitoring.

    ‎According to TMG Quick Count observers, the Independent National Electoral Commission (INEC) officials arrived by 7:30am at 75 percent of polling units.

    The group said, “At 92 percent of polling units, Quick Count observers reported that accreditation started at 9:00am.

    “At 94 percent of polling units, there was security presence.

    “At 97 percent of polling units, All Progressive Congress (APC) agents were present.

    “At 95 percent of polling units, Peoples Democratic Party (PDP) agents were present.”