Leaders of APC are converging on Abuja on Tuesday to settle what some are saying is a likely constitutional crisis created by the death of it's candidate in Kogi State, Prince Abubakar Audu.
The meeting, which will be attended by members of the party’s National Working Committee, may direct the APC National Secretary, Mai Buni, to formally write INEC, informing the commission about the death of the Kogi governorship candidate.
APC national leader, Bola Tinubu is expected at the meeting to explore options out of the crisis.
A leader of the APC, who confided in The PUNCH, explained that the APC would seek legal advice on the next line of action following Audu’s death on Sunday, shortly after INEC declared the governorship election held on Saturday inconclusive.
According to him, legal officer of the APC and other senior lawyers will advise the APC on the alternative to the deceased candidate and the decision of INEC to declare the poll inconclusive.
The commission had said there would be rerun in 91 polling units in the state.
The APC leader stated, “What I can tell you is that we are meeting tomorrow (Tuesday) and the secretary may be directed to write INEC informing it about the death of Audu.
“We will be waiting for the commission’s response, but on our own, we will invite some senior lawyers for advice on the issue.”
Audu’s death has led to a constitutional crisis as neither the electoral act nor the constitution specifies what should be done if a candidate dies before the result of an election is declared.
Section 37 of the Electoral Act, which deals with the withdrawal of candidates, merely explains how a candidate can be replaced if such a candidate dies after nomination.
The section states, “If after the time of the delivery of nomination paper and before the commencement of the poll, a nominated candidate dies, the Chief National Electoral Commissioner or the Resident Electoral Commissioner shall, being satisfied about the fact of death, countermand the poll in which the deceased candidate was to participate and the commission shall appoint some other convenient date for the election.”
Also, Section 181 (sub-sections 1 and 2) explains what should be done if a candidate dies after he has been elected.
It states, “If a person duly elected as Governor dies before taking and subscribing the Oath of Allegiance and Oath of Office, or is unable for any reason whatsoever to be sworn in, the person elected with him as Deputy governor shall be sworn in as Governor and he shall nominate a new Deputy Governor who shall be appointed by the Governor with the approval of a simple majority of the House of Assembly of the State.
“Where the persons duly elected as Governor and Deputy Governor of a State die or are for any reason unable to assume office before the inauguration of the House of Assembly, the Independent National Electoral Commission shall immediately conduct an election for a Governor and Deputy Governor of the State.”
The Deputy National Publicity Secretary of the APC, Timi Frank, confirmed that leaders of the party would meet in Abuja on Tuesday.
He said, "Yes, we will be meeting Tuesday. The party will take a decision at the end (of the meeting)."
Credit: Olu Famous
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