WHO IS OWNS IT, FALEKE OR THE APC – By David Alonge



The breaking of the death of the Kogi state All Progressives Congress (APC) gubernatorial candidate, Prince Audu Abubakar, was shocking and unbelievable to all. The news throw the great people of Kogi and the Nigeria at large into state of quandary as such incident has never occurred in the history of the nation. 
 
The confusion climaxed when professionals in the bar were divergent in the interpretation of the event (not the constitution as it has no clear provision for this). Some believed that since the deceased has a joint ticket with his running mate, Hon. James Faleke; automatically, Faleke should take up the Audu’s shoe to be flag the party in the supplementary election.

A Lagos based lawyer, Festus Keyamo, explained that the legal effect of the APC candidate has been understood in different ways… He contended that Faleke is entitled to the votes cast for Audu because they both had a combine ticket

Meanwhile, some believed that the party was the platform that produces a candidate to run in the election and should be the decider of the replacement of a candidate to represent the party.

As Independence National Electoral Commission instructed the party to forward a replacement for Audu’s supplementary election coming up on Sat. 5th of December, the APC announced Yahaya Bello as their replacement as against Audu’s running mate, Faleke, which made the calamity snowball into proclivity of firestorm in the state. 

The APC verdict was in support of the pronouncement by the Minister of Justice, Mallam Abubakar Malami, who said the APC would have to substitute its candidate for the purpose of the supplementary election.

According to Malami, “ The issue is very straightforward. Fundamentally, Section 33 of the Electoral Act is very clear; that in the case of death,  the right for substitution by a political party is sustained by the provision of Section 33 of the Electoral Act.”

Therefore, the aggrieved members of the party and the opposition have no basis for their stir up trouble which is interpreted as rapacity to cling power at the expense of the legal proviso. Faleke should, as a matter of fact, respect the organization he belongs and obeys the decision of the organization as no one is bigger than the organization he is.

The APC has chosen Yahaya Bello for the supplementary election; then let all unanimously support, embrace and work for the success of the candidate and party. Faleke should swallow his pride like the prodigal son and follow the voice of the Kogites.

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