It however promised to apply available legal provisions to the last Saturday’s governorship election in Kogi State.
Deputy Director of Publicity and Voters Education of the commission, Mr. Nick Dazang, stated this in an interview with journalists in Abuja on Monday.
He said in informing the commission of the death, the party must present a copy of the certificate of death of the deceased.
Dazang said, “The APC has to do proper notification and accompany it with the certificate of death issued by a medical doctor.”
Audu, who had polled a higher number of votes than the Peoples Democratic Party’s candidate and the incumbent governor of the state, Capt Idris Wada, in the election, which was declared inconclusive by INEC, died suddenly on Sunday in his home at Ogbonicha.
He was buried on Monday according to Islamic rites.
Dazang said INEC would apply the relevant laws and make a pronouncement on its position on the election immediately it received official notification of Audu’s death from the APC.
He explained that there were legal provisions to address such incident in the country’s electoral process.
The INEC director added, “When something like this happens, the party on which platform the candidate contested will need to notify the commission; of course, we have heard and read like everyone else but we need to be notified.
“Once the commission is notified, it will look at relevant clauses of the 1999 Constitution as amended, the Electoral Act 2010 as amended and also the Constitution of the APC itself.
“All these relevant laws will be looked at with a view to determining what to be done to ensure that whatever is done subsequently is done within the ambit of the law.
“INEC as a law-abiding body will do everything prescribed by the law.
“Thankfully, we have a consortium of Senior Advocates of Nigeria that provide counsel to the commission. We also have a very vibrant legal service department, headed by a SAN.”
Dazang stated that before the report of the death of Audu, INEC, on the directive of its chairman, had started making plans for a supplementary election in Kogi State.
He added that the commission would follow the constitution and not the opinion of people on the election, saying there were legal provisions for such incident.
He said because of the urgency of the issues involved in the supplementary election, INEC would prepare itself to commence consultation.
Dazang expressed the hope that the commission would come out with its position about the election before the end of the week, adding that the Electoral Act prescribed 14 days for the conduct of a supplementary poll.
He, however, said whatever the situation would be, Kogi election would not affect the Bayelsa State governorship poll as the commission had the capacity to handle the two elections.
“Assuming the two states’ elections coincide, the commission has the resources to conduct them. Don’t forget we have conducted national elections before and we are just talking about election in two states,” he stated.
On the efficiency of the card reader for the Kogi election, he said available statistics showed that less than one per cent of the deployed card readers failed.
According to Dazang, about 53, out of the 6,066 card readers deployed in the state, malfunctioned during the exercise.
APC leaders meet in Abuja, consult legal experts
Leaders of the APC will converge on Abuja on Tuesday (today) to deliberate on the way out of a likely constitutional crisis created by the death of Audu.
Africtv reliably gathered on Monday that 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 on Tuesday (today), informing the commission about the death of the Kogi governorship candidate.
Other national leaders of the party may attend the meeting, which will explore legal options to the crisis.
A leader of the APC, who confided in Africtv, 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 tomorrow (Tuesday). The party will take a decision at the end (of the meeting).”
APC is studying INEC’s guidelines
The APC national secretary, Buni, in a statement on Monday, said the party was studying INEC’s regulations, adding that it would come up with a position on the commission’s declaration of the election as inconclusive.
The party described the situation in Kogi State as a test case for the rule of law, pledging that it was committed to its promise to a sustainable democracy in the country.
It stated, “On INEC’s position that the November 21, 2015 governorship poll in Kogi State was inconclusive, APC is studying the declaration of the Returning Officer, Prof. Emmanuel Kucha, who is the Vice-Chancellor of the Federal University of Agriculture, Makurdi, based on Section M, Paragraph 4(Page 22) of INEC Approved Guidelines and Regulations for the Conduct of the 2015 General Elections.
“APC believes in the rule of law, strict adherence to the 1999 Constitution and Electoral Act 2010(as Amended). Our government is a product of the rule of law, we have absolute faith in the nation’s law and we will not in any manner undermine the law. Our observations and position will be within the laws of the land.”
Meanwhile, the APC in the statement mourned the death of Audu, describing him as one of its stars and, a democrat par excellence.
It said the governorship candidate was a development-oriented leader and a beacon for the liberation of Kogi State from its apparent decay.
According to the APC, Audu was a prince of hope, a symbol of peace and an apostle of unity and reintegration of Kogi State.
It added, “We commiserate with his family and the great people of Kogi State for having a strong belief in Abubakar Audu’s capacity to redeem the state.
“The demise of Prince Abubakar Audu has no doubt created a big vacuum in Kogi State and the APC but we take solace in the fact that God gives, God takes. He might have physically transited but he will forever be spiritually and politically relevant not only in Kogi State but in Nigeria.”
The APC appealed to the people of the state to see Audu’s death as an act of God, adding that there should be no recourse to lawlessness or vindictiveness in whatever form.
It said, “The only honour will can do Prince Abubakar Audu is to remain peaceful and resolve to be undaunted in preserving the adorable ideals he lived for. It was evident to all that he ran a good race, he played his part well and he earned a rare rating as an exemplary leader.
“We will not abandon Prince Abubakar Audu even in death because his legacies are timeless, his virtues can withstand all seasons and his vision remains immortal.
“APC urges its members and supporters in Kogi State and nationwide not to allow their spirit to be dampened by the sudden passage of the great Prince Abubakar Audu. Rather, the party should be united in mourning and be encouraged to effect the desired change in Kogi State through the ballot anytime, any day.”1
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