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.”.