Kogi Election: Attorney General Says APC Can Replace Audu


The Attorney General of the Federation and Minister of Justice, Abubakar Malami, has offered a legal opinion on the Kogi governorship poll stalemate, saying that the election has to be concluded and that it would only require the All Progressive Congress, APC, to substitute its candidate, Abubakar Audu, who died on Saturday.

The APC candidate died on Saturday after the election was declared inconclusive, leaving legal challenges for the Independent National Electoral Commission, INEC, on how to conclude the election.

But, speaking on Tuesday in Abuja at a seminar organised by the Nigerian Law Reform Commission on the National Environmental Standard and Regulation Enforcement Agency (Establishment) Act, Malami observed that the election at which some results had been declared had to be concluded.



    By implication, the minister is of the view that there would be no need for a fresh election as being canvassed in some quarters.

    The minister premised his position on Section 33 of the electoral Act which he observed allows a party to substitute a candidate in case of death and Section 221 of the Constitution which he said puts the political on the ballot along with the candidate.

    “Fundamentally, Section 33 of the Electoral Act is very clear‎ that in case of death, the right for substitution by political a political party is sustained” Malami stated, adding that if that section is read with Section 221 of the constitution “which clearly indicates that the right to vote is the right of a political party and the party in this case, the APC has participated in the conduct of the election.”

    However, Malami was not so categorical about whether Abiodun Faleke, Audu’s running mate, should be allowed to replace him on the ballot, reasoning that the primary election that threw up the two of them stills subsists and is recognised by law.

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