Kogi Election: APC Will Only Substitute Audu During Supplementary Election – Attorney General Says

The Attorney General of the Federation and
Minister for Justice, Abubakar Malami, says
for the inconclusive Kogi State governorship
election, the APC will only need to substitute
its candidate, Abubakar Audu, who died on
Sunday.
Malami said this while speaking at a
seminar organised by the Nigerian Law
Reform Commission on the reform of the
National Environmental Standards and
Regulation Enforcement Agency
(Establishment) Act in Abuja today
November 24th.
“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 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 deductions, 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 that has to be conducted along
the line.”he said
On whether or not the Audu Abubakar’s
running mate can be substituted as the
party’s governorship candidate in the
supplementary election, Malami said
“It all depends on the appreciation of
issues arising from the primaries
conducted before now. There was a first
and a second candidate. That 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.