Monday, 23 November 2015

Audu: What Nigerian Constitution Says About Death of a Gov. Candidate

Governorship candidate of the APC in the Kogi elections, Prince Audu Abubakar, yesterday was reported dead before election results were announced.

Here's the provision the Nigerian constitution made pertaining to the issue:

Section 181 of the 199 constitution says: “If a person duly elected as governor dies before taking and subscribing to 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.”

Section 181 (2), on its part, states: “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.”

And Section 33 (2) of the Electoral Act 2014 (as amended) says: “If the candidate whose name was submitted to the Commission dies or withdraws from the election, the political party, which nominated the candidate, shall forward to the Commission the name of the aspirant, who scored the second highest number of votes at the primaries as the substitute candidate.”

However the constitution didn't make provisions specially for death of a governorship candidate when elections were declared inconclusive, creating a legal logjam.

Who's to blame?


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