The Independent National Electoral Commission (INEC) may not be allowed to go ahead with the planned supplementary election in Kogi state on Saturday, December 5, 2015.
This, according to Vanguard, is because the case on whether to continue with the election or not is presently in a Federal High Court sitting in Abuja, and will be decided on Friday, December 4, just about 24 hours before the planned election.
The All Progressives Congress (APC) candidate, Prince Abubakar Audu was leading the polls by about 41,000 votes before the election was declared inconclusive by the electoral body, just hours before his mysterious death.
The demise of the former Kogi governor threw open a lot of permutations and combinations as lawyers argued that it had never happened in the history of the country’s democracy for a candidate to die after leading an inconclusive election.
The late Audu’s running mate, James Faleke, who reportedly has the support of the APC’s national leader, Asiwaju Bola Tinubu, had been asked to be named the governor elect, but the party chose to present Yahaya Bello as its new flagbearer in the state’s supplementary election.
But, in a decision that might jeopardise the entire plan of the opposition party in the state, Justice Gabriel Kolawole who heard four separate suits challenging the legality of the scheduled run-off poll, insisted that there is need for the court to take a position on the matter.
This he says is “so that INEC will not conduct the election under a grave shadow of doubt as to the legal or constitutional validity.”
Faleke on the other hand, in his prayer to the court, wants “a declaration that by the combined reading of section 179 (2)(a) and (b) and 181(1) of the constitution, upon the death of a person duly elected as the governor of a state, the person elected with him as Deputy-Governor is to be sworn in as the Governor of the state.”