Thursday 26 November 2015

Audu's death: Read Faleke's Letter To INEC.

Following the sudden death of Prince Abubakar Audu, APC's candidate in last Saturday's governorship election in Kogi State, his running mate, Mr James Faleke has written to the Independent National Electoral Commission, INEC asking to be declared the governor-elect of the state.

See the letter written to INEC by Faleke's counsel, Chief Wole Olanipekun, SAN.

Although an unfortunate and saddening incident had occurred after the announcement of results of the election and subsequent pronouncement of INEC that the election was inconclusive, the point must quickly be made that INEC’s wrong declaration of inconclusiveness of the election and ordering a supplementary election in 91 polling units was arrived at, according to the Returning Officer; on the basis that the number of cancelled votes outnumbered the number with which the candidate of APC led the candidate of the PDP.

With much respect to INEC and the highly distinguished chairman, the reasoning of INEC is non sequitur. While as at Monday 23, November 2015, INEC still insisted that it was not aware of Prince Abubakar Audu’s transition, however, INEC later on directed the APC to go and conduct another primary election to nominate its candidate for the supplementary election in 91 polling units.

With much respect to INEC, this new directive as well, is unfounded, both legally and constitutionally . It can also not be reasonably or rationally defended.

Our client is of the opinion that INEC is inadvertently prompting an avoidable political and legal crisis. What INEC should do is to obey, respect and comply with the letter, spirit, intendment and tenor of the constitution, by not only declaring APC as the winner of the election, but by also declaring our client as Governor-elect.

May we draw Mr. Chairman’s attention to the clear and mandatory provision of section 68(1)(c) of the Electoral Act to the effect that any result declared by Returning Officer shall be final and binding, and can only be reviewed or upturned by an Election Tribunal.

In effect, the results already announced by INEC are binding, not only on all the parties, but also on INEC itself. We want to believe that INEC is not unaware of the binding decisions of our appellate courts on this issue.

Furthermore, by the provision of section 181(i) of the constitution, our client, who was the deputy governorship candidate or the associate of Prince Abubakar Audu at the already concluded election constitutionally and automatically becomes the governor-elect of the state. With much respect, INEC has no discretion in this matter.

May we advise, most humbly, that INEC should not confuse this situation with what is intended in section 33 of the Electoral Act because the situation on ground has nothing to do with changing or substitution of the name of a candidate before election.

In fairness to INEC, it had already announced the results of the election, and as at the time it so did, it honestly claimed ignorance of the death of Prince Abubakar Audu. In law and logic, no new candidate can inherit or be a beneficiary of the votes already cast, counted and declared by INEC before that candidate was nominated and purportedly sponsored.

Assuming without conceding that INEC is even right to order a supplementary election, the votes already cast, counted and declared on Saturday and Sunday, 21 and 22 November 2015 were votes for the joint constitutional ticket of Prince Abubakar Audu and our client.

Therefore, no new or supplementary candidate can hijack, aggregate, appropriate or inherit the said votes.

Assuming further, without conceding that supplementary election in 91 polling units can hold as being suggested by INEC, it is our client who should be the automatic candidate of the party, since APC cannot conduct primary election for the supplementary election in 91 polling units.

Chairman sir, this is a rather simple and straight forward matter which does not need any delay, foot dragging or procrastination. It is a constitutional imperative. Put in other way, INEC has a bounden duty to declare our client the winner of the election. Any attempt to conduct any supplementary election in any unit whatsoever and howsoever will amount to INEC breaching and flouting the constitution and our client would definitely challenge it.

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