Having critically reviewed the unfortunate decision of INEC to declare the Kogi State governorship election inclusive and the follow up decision by the APC to conduct a fresh primary to elect a substitute for late APC governorship candidate (Prince Audu Abubakar) to stand as the Party’s governorship candidate for the supplementary election ordered by INEC, we wish to state as follows:
That the decision of APC to organize a fresh primary to elect a substitute for the scheduled Supplementary Election is grossly unconstitutional and violation of the provisions of the Electoral Act and the 1999 Nigerian Constitution as Amended. Similarly, we condemn the decision of INEC to direct APC to substitute Audu Abubakar for the Supplementary Election.
These decisions of INEC and APC are also a dangerous step aimed at denying and depriving the APC duly nominated Deputy Governorship candidate of APC Kogi State his constitutionally guaranteed Right to automatically assumed the Office of Governor of Kogi State in the event of death of the Governor as stipulated in sections 186, 187 and 191 of the 1999 Nigerian Constitution as amended.
INEC does not need to request APC or any Political Party to submit a new name to substitute the late Prince Audu or any governorship candidate of any political party at this quasi-completed stage of the election but rather INEC is constitutionally bound and expected to immediately and by default, announce the Deputy governorship candidate of APC (Abiodun Faleke) to replace late Prince Audu Abubakar as the new governorship candidate of APC for the supplementary election while the new governorship candidate (Abiodun Faleke) shall be allowed to freely nominate his new Deputy Governor after final declaration of results of the Election.
The danger of allowing these Decisions of APC and INEC to stand amounts to threat to our constitutional democracy and fragrant disregard to the constitutional rights of Deputy Governors of Nigeria. This will also be tantamount to appointing a new governor in the event of death of a governor while in office. This must not be allowed by Nigerians, irrespective of political parties.
In conclusion, we demand that INEC immediately and unconditionally replace late Audu Abubakar with his Deputy Governorship Candidate (Abiodun Faleke) and proceed to conduct the supplementary election, a supplementary election which is even not legally justified in the first instance.
Failure to comply, we call on all Nigerians to reject this and for all deputy governors and deputy governorship candidates of all political parties to seek legal redress to a gross disregard and denial of their Constitutional Rights as stipulated by the 1999 Nigerian Constitution as amended.
Signed:
COMRADE IGBINI ODAFE EMMANUEL
Delta State Chairman,
Peoples Redemption Party (PRP),
DELTA STATE