By Shaibu
Stephen Ojate
The death of
Prince Abubakar Audu, the gubernatorial Candidate of All Progressive Congress
in Kogi State had prompted the Independent National Electoral Commission to
mandate the party to shop for his replacement.
The All
Progressive Congress’s Party Chairman, Odigwe Oyegun on receiving the call for
replacement from INEC announced that the party shall conduct another fresh
Party’s Primary election to enable it nominate new Candidate to replace late
Prince Abubakar Audu who died in the eve of the election when it was declared
inconclusive.
The Party again had
to reverse the earlier proclamation when respected legal luminaries in Nigeria
offered legal advice that it will be wrong to conduct another primary election as
the time lag stipulated in the electoral Act has already elapsed. They pointed out that nothing has invalidated
the last primary as such, it still stands.
The All
Progressive Congress had to summon stakeholders’ meeting to deliberate on the
options for fielding one as replacement for their late flag-bearer in Kogi. It
was on this note that the idea of adopting the second runner in the previous
party’s primary election and the choice of the running mate to late Prince
Abubakar Audu as Party’s Candidate came to offing.
After much touted consultation, deliberation
and consideration, they settled for the nomination of Alhaji Yahaya Bello, the
second runner to late Prince Abubakar Audu in the last Party’s primary election.
With this, the name of Alhaji Yahaya Bello was forwarded to Independent
National Electoral Commission. The supplementary election was later conducted and
Alhaji Yahaya Bello was declared the Kogi State Governor-elect as his party
secured highest votes cast at the election.
The nomination
of Alhaji Yahaya Bello as APC Party’s Candidate and his subsequent declaration as
the winner of the last gubernatorial election has raised dust in Kogi State. Governor
Capt Wada of Peoples Democratic Party (PDP) is contesting it saying with the
death of Prince Abubakar Audu, he should be declared the Governor-elect and has
commenced legal batch base on this argument.
The running mate
of late Prince Abubakar Audu at the election, James Faleke was not left out as
he too got displeased with the decision of All Progressive Congress Party’s
hierarchy in nominating Alhaji Yahaya Bello as replacement for the late Party’s
Candidate and has also gone to court.
James Faleke once
approached the Federal High Court in Abuja where he challenged the nomination
of Alhaji Yahaya Bello as Party’s Candidate noting that All Progressive
Congress ought to have nominated him in the first instance with the death of
his principal. His prayer at this Federal High court was thrown out and the
court hinted that this was purely an election matter and does not fall under
their jurisdiction.
James Faleke again
has filed another legal suit against Alhaji Yahaya Bello at the election
Tribunal challenging the decision of All Progressive Congress Party’s hierarchy
in nominating him as replacement for the late Prince Abubakar Audu. One of his
counts was, ‘with the death of late Party’s Candidate, the Independent National
Election Commission ought to have declared him the winner as duo had already secured
highest vote cast at the election’.
James Faleke based his take on the constitutional
provision which stipulated that, ‘with the death of any Governor elect after
the election, the deputy automatically becomes the Governor’. In other angle,
the National Electoral Act provided that the Party shall nominate one to
replace any of her Candidate at the election in event of death but this was not
explicit as to whether such provision should still be adhered to while
conducting election. The election being declared inconclusive as clearly
pointed out above has caused the confusion in the whole saga.
I must point out
to my readers that one salient point on this constitutional matter which James
Faleke is hanging on and should not be shoved aside by sentiment and which
could make him get the favour of the Court is the total number of registered Voters
with Permanent Voters’ Card (PVS) eligible to vote at the supplementary
election versus the leading margin figure. James Faleke might convince the
court that he had a joint ticket with the late Audu and he is still alive and should
be declared the Governor-elect as the duo led their opponents with high margin
at the election.
With this, there
is every possibility that the Court could as well look into the direction of
James Faleke by coming out with a final judgement that the late Prince Abubakar
Audu had already won the majority Vote cast noting that Independent National
Electoral Commission erred in declaring the election inconclusive in the first
instance and also their later call for the supplement election.
The Court could say ‘those with Permanent
Voters’ Card for the supplementary election were less than the leading marginal
figures at the first total count of the election and as such James Faleke
should be declared the Governor.
In view of the
above, as one of the public affairs commentators on the side of Alhaji Yahaya
Bello, i have a very strong advice for him on how to overcome whatever position
James Faleke might present to court to challenge his nomination.
Recall that
after the gtgAll Progressive Congress primary election, the party constituted ‘PRIMARY
ELECTION APPEAL COMMITTEE’ and Alhaji Yahaya Bello had once approached it to challenged
late Prince Abubakar Audu eligibility for the party primary election. Alhaji
Yahaya Bello had prayed to APC election appeal committee to disqualify (Prince
Abubakar Audu) saying he never resign his position as Party leader in the State
before standing for the primary, one of the laid down conditions for any APC party
officials aspiring for political positions.
The election
appeal committee had sat on this and came with a recommendation that the late
Prince Abubakar Audu should be disqualified and to be replaced with the second
runner, Alhaji Yahaya Bello. The recommendation was forwarded to the party’s
hierarchy and was to be acted upon but they delay in implementing that as doing
so at a time very close to the election could jeopardise the chances of the Party
winning in Kogi State
As James Faleke
is not ready to sheath his sword on the call of spirited individuals to allow
the sleeping Dog lies by accepting the Deputy Governorship position which he
stood for, i therefore call on Alhaji Yahaya Bello to echo to the ears of his
Lawyers to declare to court that the late Prince Abubakar Audu was not duly
qualify to stand for All Progressive Congress party primary election in the
first instance.
He should buttress
this with the earlier recommendation of the APC Appeal Committee panel as
forwarded to the party’s hierarchy. His
lawyer should tell court that base on this, James Faleke has no legal ground to
challenge him as he (Alhaji Yahaya Bello) supposed to be the rightful Candidate
of the Party.
There is a
saying that ‘make the hay while the sun shine’ and I believe that making this presentation
before the Court will go along a way to thwart any moves James Faleke might
stand upon in convincing it to declare him
the rightful Kogi State Governor-elect.
Shaibu Stephen
Ojate is a Journalist and Public Affairs Commentator writes from Abuja. He is
on facebook and reachable on 08052666344 or 08102658380
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