The APC may replace the late Abubakar Audu with the the aspirant who was runner up at the primary, Yahaya Bello.
Bello had kicked against the outcome of the primary, and subsequently asked for the disqualification of Audu on sundry grounds.
One was the late former governor’s N11.598bn fraud charges with the EFCC.
A 3-man committee led by Sam Jaja, recommended that Audu be disqualified
Attorney General of the Federation and Minister of Justice, Malami, dropped the hint today at a seminar in Abuja, organised by the Nigerian Law Reform Commission on the reform of the National Environmental Standards and Regulation Enforcement Agency (Establishment) Act
According to him, since the primary conducted by the APC prior to the election is still valid, the candidate that came second may have to be considered as replacement.
Malami said, “The issue is very straightforward. 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 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 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 deduction, 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 has to be conducted along the line.”
Asked if that substitution should automatically benefit the deputy governorship candidate, he said:
“It all depends on the appreciation of issues arising from the primaries conducted before now.
“There was a first and a second candidate. Those primaries that had taken place over time had not by anyway 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 primaries.”