The Attorney General of the Federation, AGF, and Minister for Justice, Mr. Abubakar Malami, SAN, has explained that following the inconclusive Kogi State governorship election and the death of the All Progressives Congress, APC, flag bearer in that election, Prince Abubakar Audu, the party will need to substitute the deceased in the anticipated supplementary poll.
Speaking in Abuja at a seminar organised by the Nigerian Law Reform Commission on the reform of the National Environmental Standards and Regulation Enforcement Agency (Establishment) Act, Malami declared that the election has to be concluded, but was silent on whether the party’s deputy governorship candidate, James Abiodun Faleke, should automatically step in as the candidate.
While declaring that, “The issue is very straightforward,” he explained that, “Fundamentally, Section 33 of the Electoral Act is very clear that in case of death, the right for substitution by a political party is sustained by the provisions of section 33 of the Electoral Act.
“And if you have a community reading of that section with Section 221 of the Constitution, which clearly indicates that the right to vote is the right of a political party and and the party in this case, the APC has participated in the conduct of the election.
“It is therefore apparent that the combination community reading of the two provisions does not leave any room for conjecture.
“APC as a party is entitled to substitution by the clear provisions of section 33 of the Electoral Act.
“Also Section 221 of the Constitution is clear that the votes that were cast were cast in favour of the APC.
“Arising from that deductions, it does not require any legal interpretation.
“The interpretation is clear: APC will substitute, which right has been sustained by Section 33 of the Electoral Act.
“So be it, the supplementary election that has to be conducted along the line.”
On whether Faleke should automatically be the beneficiary of the substitution, Malami said: “It all depends on the appreciation of issues arising from the primaries conducted before now.
“There was a first and a second candidate.
“That primary that had taken place over time had not by any way been nullified.
“And it is recognized by law.
“But then, a further consideration would be the idea of conducting another primary, but that is not envisaged in view of the sustainability of the first primary,” he stated.
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