How To Resolve The Kogi State Constitutional Conundrum

By Inibehe Effiong

The sudden death of Prince Abubakar Audu, the governorship candidate of the All Progressives Congress (APC) in Kogi State, on Sunday, 22nd November, 2015 has undoubtedly ignited a constitutional crisis. The tragic news which was first published by SaharaReporters has instigated controversy on what will be the possible legal implications or consequences of his death. 

*Audu

Among the issues arising from the death of Prince Audu are the following:

1. Whether the running mate to Prince Audu and the APC deputy governorship candidate can assume the position and status of the deceased as the candidate of the APC;

2. If the question in 1 above is answered in the negative, can the APC substitute the deceased as its governorship candidate; and

3. Whether it is legally permissible in the circumstance for the Independent National Electoral Commission (INEC) to cancel the inconclusive election of Saturday November  21st 2015 and conduct a fresh throughout Kogi State.

This is unarguably a novel case. This is the first time in the course of a democratic transition that a validly nominated candidate of a political party in Nigeria will die after an inconclusive election but before and without paricipating in the supplementary election. It is unprecedented. The result is that there is no precedent that can be referred to which could aid in the resolution of the present case.