As the political impasse in Kogi State continues to unfold following the sudden death of the All Progressives Congress (APC) governorship front-runner in Saturday’s gubernatorial election, Prince Abubakar Audu, the Independent National Electoral Commission (INEC), the party, APC and the Attorney-General of the Federation (AGF) and Minister of Justice Abubakar Mallami (SAN) are all faced with two major options.
Prominent lawyers, including Mr Tayo Oyetibo (SAN), Chief Emeka Ngige (SAN), Chief Mike Ahamba (SAN), Mr Wahab Shittu, and Festus Keyamo Monday canvassed two options to resolve the lingering constitutional impasse currently threatening political stability in the state.
The lawyers contended that there is a need for the AGF to approach the highest court in the land and invoke Section 22 of the Supreme Court Rules to settle the constitutional matter, or, alternatively, to reconsider the doctrine of necessity.
According to them, it is advisable for the AGF to approach the apex court and invoke Section 22 of its rules to resolve the matter in a more nationalistic manner and avoid any litigation over the issue since the apex court’s verdict on the matter is final.
They also canvassed the doctrine of necessity on the grounds that the issue in Kogi is time-bound, with everything programmed by INEC to conclude at a specified time as the outgoing Governor idris Wada will leave office by January 27, 2016.
In 2010, the David Mark-led 7th Senate had invoked the doctrine of necessity to resolve the constitutional crisis that enveloped the country following the death of the late President Umar Musa Yar’Adua.
Against the wishes of the cabal that was bent on holding on to power even when it was clear that Yar’Adua was incapacitated and could no more perform his role, the Senate had invented the doctrine to make Godluck Jonathan who was vice president then the acting president.
But there are fears that in the Kogi case, some people may feel aggrieved and go to court against the AGF who is the chief law officer of the country, and INEC which is the electoral regulatory body, which must take legal advice from the AGF.
Lawyers urge AGF to seek Supreme Court interpretation
As reactions continue to trail Prince Audu’s death, some lawyers have called on the Attorney-general of the Federation Abubakar Malami, to immediately activate the jurisdiction of the Supreme Court by invoking Section 22 of the 1999 Constitution
The lawyers including Tayo Oyetibo (SAN), Chief Emeka Ngige (SAN) and Mike Ahamba (SAN), Wallab Shittu and Festus Keyamo, all agreed that there is the need for the intervention of the Supreme Court to resolve the constitutional lacuna created by the death of Audu.
The Kogi election was declared inconclusive on Sunday due to the large number of cancelled votes.
Mr. Wahab Shittu, a Law lecturer, said the Supreme Court has to intervene in the matter to resolve the issue as a matter of urgency within the next two weeks.
According to him, it is only the AGF that must approach the apex court to avert the impending constitutional crisis.
He said, “This can be effected by activating the jurisdiction of the Supreme Court on reference of questions of law. Section 22 of the 1999 Constitution provides: ‘Where any question as to the interpretation or application of this Constitution arises in any proceedings in the Court of Appeal and the Court is of the opinion that the question involves a substantial question of law, the Court may, and shall, if any party to the proceeding so request, refer the question to the Supreme Court which shall give its decision upon the question and give such directions to the Court of Appeal as it deems appropriate.
“The justification for invoking jurisdiction on reference of questions of law arises because the electoral process is regulated by the provisions of the Constitution and the Electoral Act and so, arguably, cannot be held to be limited to the construction of just the Electoral Act in which case same would be held incompetent for reference (see Atake v Afejuku (1994) 12 SCNJ 1 at 12).
“This is founded on the fact that there is no direct authority of the Supreme Court on the situation that has arisen in the Kogi State election debacle wherein a leading aspirant died during the process of the election.
“This can be contrasted with the ratio in Senator Abraham Adesanya v. President of the Federal Republic of Nigeria & Anor(1981) (2) N.C.L.R. 358 where the court held that once a decision has been given on substantial question of law, the same question cannot be referred to the Supreme Court by way of reference.’’
In his view, Oyetibo (SAN) called on INEC to seek appropriate legal opinion on how best to handle the situation.
Oyetibo said, “INEC must seek legal opinion and be properly guided on this issue; otherwise, it might cause constitutional crisis. It is clear that, as it is now, the election is inconclusive, so INEC needs proper legal advice to be able to know what to do next.’’
On his part, Chief Ngige (SAN) recalled that in Adamawa State after Obasanjo picked Atiku, who had already won the governorship election in the state, to be his running mate, the opposition led by Bala Takaya kicked against the decision to pick Boni Haruna as a replacement for Atiku.
He said, “The opposition went to the Federal High Court to stop it and the matter dragged on to the Supreme Court and it was held that it was right for Haruna, who was Abubakar’s running mate, to become the governor. The opposition demanded fresh election but that was rejected by the Supreme Court.
“However, this is a peculiar situation. What is happening now is a combination of a lot of issues. In Rotimi Amaechi’s case, the apex court held that it was the party that owned the ticket. It also said that the party owned the votes. So, such a scenario may play up this time again. The situation we have at hand is called a recondite situation in law and it will require a lot of interpretations. I foresee a very stormy and testing period for INEC. The judiciary will also be put on trial.”
In his own view, Chief Mike Ahamba (SAN) said AGF needed assistance from very senior lawyers to assist him in taking decisions on the matter.
Ngige said, “AGF should invite some people to help him take a decision on what is happening now in Kogi State.”
But another lawyer, Mr Ahmed Raji (SAN), has a different view from his colleagues, saying that the issue does not call for the intervention of the Supreme Court.
Raji said the apex court cannot intervene because it is a crisis within Kogi State and not between the state and another state.
He said, “It does not call for the intervention of the Supreme Court because it is not a dispute between Kogi State and another state or between Kogi State and the federal government.
“It is only in a situation where there is a dispute between the state and another state or between the state and the federal government that the Supreme Court can be approached to invoke Section 22 of the 1999 Constitution.”
In his own argument, Mr Festus Keyamo, urged INEC to take a final decision on the matter and allow whoever is aggrieved to go to court and seek redress.
“I think INEC should seek legal advice, take a decision on this matter once and for all and allow whoever is aggrieved to approach the court to seek redress,” Keyamo added.
APC undecided, meets today
The All Progressives Congress (APC) was undecided over who to present as its governorship candidate during the oncoming supplementary poll by INEC.
The party members, according to a source who sought anonymity, are sharply divided between the deputy governorship candidate to the late Audu, Hon. Abiodun Faleke, and the runner-up to Audu during the party’s primary. The source added that the party would meet today to take a position on the matter.
Sorrows, tears as Prince Abubakar Audu goes home
Before 7am Monday morning, the road to Ogbonicha, Ofu Local Government Area, the country home of the former governor of Kogi State, the late Prince Abubakar Audu, was jam-packed by sympathisers from all walks of life who had come to pay the last homage to a man of the people.
It was tears and sorrow at Ogbonicha when Prince Audu’s body was lowered into the grave at 2pm. The grief-stricken community could not hold back the tears, and residents bewailed the sudden exit of their beloved from this world.
The younger brother of the political icon, Usman Audu, said prior to Saturday’s election, the Prince of the Niger, as he was called by his lovers, was indisposed and could not explain to anybody what actually went wrong.
He said when it was discovered that Audu could not talk again, he was administered to by some native doctors who revived him for some time; but he was still not fit enough to receive visitors on Friday, November 20, till the following morning.
The former governor seemed better on Saturday morning, but when he wanted to go for accreditation, the moment failed him again. He, however, managed to reach the polling unit for accreditation. But after the exercise, it was his elder brother’s house opposite the polling unit that he ended up. He was later moved to his main house.
It was gathered that the former governor passed on before 11am on Sunday.
Some wailing APC members called on the electoral umpire, INEC, to give the party the mandate in honour of the Prince who laboured and suffered all his life for the party.
All attempts to get what exactly was responsible for the demise of the former governor from his elder brother, Oregon Attah of Ogbonicha, Chief Abdullahi Audu, were fruitless as he constantly maintained that as a Muslim, it was only Allah who can take somebody’s life.
Prominent among people who were at the burial rites of the late Prince Audu in Ogbonicha were: APC National Chairman, Chief John Odigie-Oyegun; Minister of state labour and employment, Chief James Ocholi; former governor of Edo State Lucky Igbinedion; Senator George Akume; Prince Audu’s deputy governorship candidate James Faleke; Senator Rabiu Kwankwaso; APC state chairman, Hadi Ametuo, and Hon. Abdulmumini Ibrahim.
Ogbonicha Community vows to uncover Audu’s killers
The late Prince Audu’s community at Ogbonicha in Ofu local government in Kogi State has vowed to find out the cause of the sudden death of their son.
The death of Prince Abubakar Audu has become a burden on the community, some of whom felt that the death was not natural. They insist that whatever went wrong must be identified, vowing to uncover and deal with whoever is behind the politician’s unexpected death.
A traditional medicine man who spoke with our reporter in Ogbonicha on condition of anonymity said: “We have started pairing them on the panel to ascertain who and who are really involved in this dastardly act.
“This has not gone beyond our concept; we must get those involved in the planning and execution of the act in no time.”
Audu was a visionary leader – Saraki
Senate President, Dr. Abubakar Bukola Saraki, Monday described Audu’s sudden death as painful and shocking, saying the late politician was a dogged and visionary leader.
In a statement by his Special Adviser (Media and Publicity) Yusuph Olaniyonu, Senator Saraki expressed deep sadness at receiving the news of Audu’s death and condoled with the immediate family of the deceased, the government and people of Kogi State and the national and state executives as well as members of the APC over the irreparable loss.
Abubakar Audu: APC has lost a strong pillar – Dogara
The Speaker of the House of Representatives Yakubu Dogara, has described Audu’s demise as sad and shocking.
In a statement by his Special Adviser on Media and Public Affairs Turaki Hassan, Dogara said APC has lost one of its strong pillars who helped to build the party in Kogi State.
He condoled with Audu’s family and the government and people of Kogi State over the loss.
Governors, PDP express shock over Audu’s death
I know nothing about Abubakar Audu’s death – Okorocha
Imo State Governor and Chairman of All Progressive Governors’ Forum, Owelle Rochas Okorocha has refuted social media reports that he knew those who killed the APC governorship candidate in Kogi State, Prince Audu Abubakar.
The governor made this known in a statement made available to newsmen by his Chief Press Secretary Sam Onwuemeodo.
According to it, Owelle Rochas Anayo Okorocha’s attention was drawn to a social media (Facebook) report with the caption, “Tinubu, others kill Kogi guber candidate – Okorocha,” written by one Olutoyosi Omotoso.
In the report, the author claimed that the Imo governor had accused the former governor of Lagos State and one of the leaders of APC, Senator Bola Tinubu, and others he didn’t mention, of being responsible for the death of Prince Audu.
“In the basically untrue report, the author however failed or refused to mention or tell his audience whether Governor Okorocha had made that claim at a press conference or in a press release but unfortunately and unintelligently said that the Imo governor ‘spoke on phone’ to say that. And the follow-up question would immediately be, on what ground would the Imo governor call the author on phone to begin to tell her who killed Prince Audu and who didn’t kill him?
“The truth of the matter is that the report was totally false, even on the face value. It cannot pass any logic to be believed. It was written in bad faith. Even at that, the ‘language’ of the story could not be Okorocha’s for those who know him and for those who have been following his speeches, he does not talk like an immature speaker.
“Governor Okorocha does not drag his sentences or speak disjointed grammar. The mischief is very obvious, for all men and women of goodwill to see in the story.
“Against the backdrop of all these, we challenge the writer of the story to also publish the particulars of the call in question. The number with which the governor called her and the time. And also state why the governor could have chosen to call her, of all people.
“Let him state his relationship with the governor to warrant such phone interaction between them. We are only keen in unmasking the face of an ungodly blackmailer.”
The statement said Okorocha had no quarrel with Tinubu, and that the envisaged rift between the duo only exists in the imagination of those who have chosen the path of dishonour, because only dishonourable people could have authored such an inglorious write-up. Decent people do not do such.
“Finally, those who feel that they can drag Governor Okorocha down through cheap blackmail should better be advised to find something meaningful to do, because whoever God has blessed, nobody can curse. This is scriptural. And that is our joy and consolation,” he said.
-Leadership