It is our position that, based on the facts, candidate Audu had fulfilled the requirement of the law and satisfied the provisions of the Electoral Act and the Constitution to warrant being returned elected, before his demise.
The death of Prince Abubakar Audu, the APC Candidate in the Saturday November 21 governorship election in Kogi State, following INEC declaring the election inconclusive, has thrown up an unusual legal situation in Nigeria's electoral system. Already there is a flurry of legal opinions on the issue. Analysts have started labelling the Kogi situation as a dilemma, impasse or a logjam. Some have stated that Constitution of the Federal Republic of Nigeria, 1999 (Constitution) and the Electoral Act, 2010 (as amended) (EA, 2010) do not envisage the situation in Kogi State, to have made provisions for it. They say it is sui generis, that is of its own kind. The law, kit is argued, provides for the death of a governorship candidate before an election, and the death of that candidate, as a governor-elect, after the election, but the law does not provide for the death of that candidate during an election. Interestingly, as confusing as the situation may appear to be, it is still the law to which we must return for a solution. In this intervention, we, with all sense of modesty, and based on our understanding, attempt to provide a solution out of the "logjam". Before we do so, let us review the material facts.
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