With the coast now clear for the All Progressives Congress (APC) to use its discretion in nominating a suitable replacement for its late governorship candidate, Prince Abubakar Audu, based on the doctrine of necessity, indications emerged Tuesday that the party may select its governorship candidate for the supplementary governorship election from among four choices.
The Attorney-general of the Federation (AGF) Abubakar Malami (SAN) and the Independent National Electoral Commission (INEC) had to consider the option of either going to Supreme Court for interpretation or invoking the doctrine of necessity and go ahead with the conduct of the supplementary poll after it declared the governorship election in Kogi State inconclusive.
By declaring that it will allow APC to fill the vacuum created by the death of its governorship candidate in Kogi, it is obvious that INEC has heeded the call that the doctrine of necessity be adopted in the process on the grounds that the issue in Kogi is time-bound, since everything had been programmed by INEC to terminate at a specific time.
The incumbent governor and Peoples Democratic Party (PDP) candidate has to vacate office on January 27, 2016.
The party may pick from among James Ocholi (SAN), Isah Jibrin Echocho, Hon James Faleke and Alhaji Yahaya Bello as replacement for the late Audu.
While Faleke is the late Audu’s running mate who would have automatically become the governor if INEC had not declared last Saturday’s governorship poll inconclusive, Yahaya and Ocholi were aspirants in the August governorship primary of the APC. Yahaya came second to Audu in the keenly contested primary election.
Echocho was one of the aspirants in the governorship primary of the rival PDP but switched to APC after losing to the incumbent, Governor Idris Wada.
In 2011, a high riding Echocho, a former Afribank chief, was primed to succeed former governor Ibrahim Idris after picking the ruling party’s (PDP’s) ticket but lost out in the power equation after a court extended the tenure of the then incumbent. When the next primary was held, Idris backed Wada against Echocho.
Ocholi, who contested against the late Audu in the APC governorship primary, is currently a member of the Federal cabinet when President Muhammadu Buhari appointed him Minister of State for Labour and Employment.
Other aspirants who contested against the late Audu during the APC primary were Senator Alex Usman Kadiri, Hussein Idris Kashim and Alhaji Sanusi Abubakar Aliyu (Gamji), Senator Nicholas Yahaya Ugbane; Sani Halilu Shuaibu; Suleman Baba Ali; AVM Saliu Atawodi; Muhammad Abdullahi; Senator Nuruddeen Abatemi Usman; the only female contestant, Princess Hadiza Ibrahim; Yakubu Mohammed, Rt. Hon. Clarence Olafemi and Suleiman Ejeh Abutu.
Others included Sunday Ejibo; Otunba Suleman Lanre Ipinmisho; Dr. Tim Nda Diche; Habeeb Abdullahi Yakeen; Rotimi Yakub Obadofin; Babatunde Irukera; Ocholi James (SAN); Aliyu Zakari Jiya; Engr. Olushola George Olumoroti and Dr. Onukaba Adinoyi Ojo.
APC’ll conduct fresh primary to replace Audu – National chair
Also, APC said yesterday that following the sudden death of its gubernatorial candidate, Prince Abubakar Audu in the inconclusive election in Kogi, it will conduct a fresh primary election to determine who replaces the former governor as the governorship candidate of the party.
APC National Chairman, Chief John Odigie-Oyegun, stated this while addressing newsmen at the party’s national secretariat in Abuja on Tuesday.
“As a party, we are going to proceed with the process of organising primaries to provide a substitute candidate for the late Abubakar Audu,” he said.
The chairman also declared that the electors will determine who will be the running-mate to whoever emerges at the primaries.
While expressing his condolences to the family of Audu on behalf of APC worldwide, Odigie-Oyegun said the attorney-general of the federation has made it public that APC should replace the late candidate.
He said, “The attorney-general of the federation has made a pronouncement to the effect that all that is required is for APC to go through the processes of providing a substitute to our late candidate, with the implication being that, thereafter, the supplementary elections to conclude the process of electing a new governor of Kogi State will begin to be put in place.
“INEC is also in agreement with the views of the attorney-general because we have already received a letter from them formally asking us to find a replacement for the vacancy that has been created by the passing on of Prince Abubakar Audu. So, that is what will engage the APC at this moment.”
Asked about the modalities for the fresh primaries, Odigie-Oyegun said: “We have only just got notification today, so we are going to go into executive session now, to know the nature of the primaries.”
Also, rising from a caucus meeting in Lokoja, Kogi State chapter of APC said the party would come out with its position soon.
The Secretary of the party Suleiman Abuh, who spoke on behalf of the chairman, noted that the party has to wait for the interpretation of the law before taking a position, adding that it is after the meeting that a candidate would emerge for the supplementary election.
Meanwhile, APC chieftains had an all-night crucial meeting in Abuja to deliberate and pick the party’s flagbearer who will replace the late Audu.
INEC fixes December 5 for supplementary poll
The electoral body also announced that the supplementary governorship election in Kogi State will be held on December 5, 2015.
The search for Audu’s replacement follows a declaration by INEC that it will allow APC to fill the vacancy created by the death of its candidate, the late Audu. Moreover, INEC also disclosed that APC had written to inform it about the demise of its governorship candidate, Audu.
The electoral body also notified the 22 political parties that participated in the November 21 election that the supplementary poll arising from the inconclusive poll will now be held on December 5, the same day as the governorship election in Bayelsa State.
The position of the commission has halted insinuations and opinions by the lawyers who had called for the cancellation of the entire election as a result of the constitutional crisis caused by Audu’s death.
A public notice by INEC signed by its secretary, Mrs. Augusta Ogakwu said: “On November 23, 2015, APC notified the commission of the death of its governorship candidate in the election, Prince Abubakar Audu. The commission has, after due consideration of the circumstances, decided as follows: To conclude the process by conducting election in the 91 affected polling units as announced by the returning officer; to allow APC to fill the vacancy created by the death of its candidate; to conduct the supplementary election on 5th December, 2015.
“Accordingly, notice is hereby given to all the 22 political parties participating in the Kogi governorship election that supplementary election in the 91 affected polling units shall hold on 5th December, 2015, dated this 24th date of November 2015.”
PDP kicks, asks AGF, INEC boss to resign
The opposition Peoples Democratic Party (PDP) Tuesday rejected the decision of the Independent National Electoral Commission (INEC) to allow the All Progressives Congress (APC) to replace its late governorship candidate, Prince Abubakar Audu, ahead of the Kogi State supplementary election.
The party also faulted the attorney-general of the federation (AGF), Malam Abubakar Malami for in his view, misleading INEC into arriving at an unconstitutional decision to allow APC to substitute its candidate in the inconclusive Kogi State governorship election.
Addressing a press conference over the issue, PDP National Publicity Secretary Olisa Metuh, called for the immediate resignation of the AGF and Minister for Justice Malami, and the Chairman of INEC, Prof. Mahmoud Yakubu, for the decision they had taken on the matter.
INEC fixed December 5 for the supplementary election and permitted APC to replace its candidate in the forthcoming election.
Metuh, however, refused to answer questions over whether or not the party would participate in the supplementary election or head to court in protest.
Metuh said: “The PDP has asked the AGF, Malam Abubakar Malami, to immediately vacate his office for hurrying and misleading INEC into arriving at an unconstitutional decision to allow APC to substitute its candidate in the inconclusive Kogi State governorship election.
“The party is shocked that INEC, a supposedly independent electoral umpire, could allow itself to succumb to the antics of APC by following the unlawful directive of an obviously partisan AGF to substitute a candidate in the middle of the ballot process.
“We are all aware that the two legal documents guiding INEC in the conduct of elections – the Constitution and the Electoral Act – have provisions for electoral exigencies as well as empower the electoral body to fully take responsibility for any of its actions or inactions without undue interference from any quarters whatsoever.
“We are therefore at a loss as to which sections of these two relevant laws INEC and the AGF relied on in arriving at their bizarre decision to substitute for a dead candidate in an ongoing election even after the timelines for such had elapsed under all the rules.
“INEC as a statutory body has the full complement of technical hands in its Legal Department to advise it appropriately and we wonder why it had to wait for directives from the AGF, an external party, if not for partisan and subjective interest.
“Consequently, PDP rejects in its entirety this brazen move by APC and INEC to circumvent the laws and ambush the yet-to-be concluded election by introducing a practice that is completely alien to the Constitution and the Electoral Act.
“The clear implication of this action of AGF and INEC is that APC would be fielding two different governorship candidates in the ongoing Kogi election, meaning that INEC would be transferring votes cast for the late Prince Abubakar Audu to another candidate, scenarios that have no place in the Constitution of the land.
“Whereas PDP, in honour of the sanctity of human life and respect for the dead, had since Sunday refrained from making comments on the conduct of the election, we can no longer maintain such in the face of the barefaced attack on our democracy.
“This INEC under the leadership of Prof. Mahmood Yakubu has shown itself as partisan, morally bankrupt and obviously incapable of conducting a credible election within our laws.
“In view of the foregoing, therefore, PDP demands an immediate resignation of the INEC Chairman, as the nation’s democracy cannot afford to be left in the hands of an electoral umpire that cannot exert its independence and the sanctity of the electoral process.”
He said that in view of the developments regarding Kogi governorship election, the National Working Committee of the PDP had summoned an emergency National Caucus meeting of the party today to take a decision on the matter at hand.
Wada sacks 15 LG chairmen in Kogi for defecting to APC
Kogi State Governor Idris Wada Tuesday removed 15 chairmen of local governments from office for defecting to the rival All Progressives Congress (APC).
A statement in Lokoja by the Permanent Secretary in the Ministry of Local Governments and Chieftaincy Affairs James Adedoyin cited Section 20 subsection ( 1) and Section 36 subsection 1 (d) of Kogi State Local Government Law 2000 as amended to back the action.
It explained that the sacked chairmen could no longer remain in office having defected from Peoples Democratic Party (PDP) that sponsored them.
Some of the affected council chairmen were from Lokoja, Ogori-Magongo, Idah, Adavi, Ankpa, Okehi, Bassa, Yagba East, Yagba West and Okene, among others.
The local government chairmen were said to have defected to APC during the grand finale of its governorship campaign in Lokoja on November 18.
The statement warned the sacked council chairmen to stay away from their offices, directing the vice chairmen or the council leaders to take over the affairs of the affected councils as may be appropriate.
The statement further quoted the governor as saying that the handing and taking over should be completed by Wednesday.
One of the grounds for their defection was the refusal of Governor Wada to implement a decision of the Court of Appeal in Abuja on Oct 29 that nullified the removal of the elected chairmen from office.
They were removed from office based on the order of a Kogi State High Court sitting in Koton Karfe which ruled that the election of May 4, 2013 which brought them into office was faulty.
Relying on the judgment, the Kogi State Government asked the chairmen and councillors to vacate office but the affected officials approached the Appeal Court which set aside the ruling and declared that they resume immediately.
The Kogi state government refused to give effect to the ruling until November 23.
-Leadership