A coalition of civil society organisations in Nigeria on Wednesday called on the Independent National Electoral Commission (INEC) to declare the PDP candidate, Idris Wada as the winner of the November 21, Kogi governorship election or conduct a fresh poll.
The Supreme Court is expected to deliver ruling on the two suits filed by the PDP leadership and Abiodun Faleke, deputy governor to the demised APC candidate, Audu Abubakar, will be delivered today (Friday, December 4).
The group, which converged in Abuja, expressed the need for timely resolution of the legal tussle, however, declared INEC’s decision on substitution of APC candidate as ‘flawed and unconstitutional.’
Uzoh Ifeanyi, the Coalition’s spokesman, argued that “the current position of INEC of substitution of the APC candidate based on the provision of section 33 of the Electoral Act and section 221 of the Nigerian constitution is not known to law because of section 34 of the Electoral Act which states expressly how a candidate of a Political party can be substituted.
“Therefore, section 33 can not be read as a stand-alone and INEC has therefore flawed by unconstitutional.
“As citizens, who have interest in deepening the democratic process and constitutional democratic in Nigeria, call for immediate resolution of the Political logjam.”
The coalition said based on the unfortunate demise of APC candidate Prince Abubakar Audu, the logical position that INEC would have taken was to declare Wada, who was trailing Audu in terms of votes, winner.
Ifeanyi said on the alternative, INEC could conduct a re-run since Audu’s votes and other benefits as a candidate in the poll had gone with him.
“APC cannot substitute a candidate in a second election as captured in section 179 subsection 4, “that election shall be between a candidate with the highest number of votes and the candidate with the second highest number of votes shall be the only candidate in the second election.
“Therefore, though painfully, APC do not have a candidate in the second election, this first runner – up Idris Wada of PDP should be declared winner haven scored 25 percent votes in two-third of the Local governments of the state as stipulated by the constitution of the Federal republic of Nigeria and the electoral Act,” Ifeanyi argued.
He said the position taken by INEC that APC could substitute its candidate at this point was unknown to the law based on Section 179 of the constitution.
The Coalition said based on the provision of Section 179, a re-run shall be between two leading candidates in an election but that since APC’s candidate is no more and the Electoral Act gives conditions and time frame for candidate substitution, the next leading candidate, who is Wada, qualifies to be declared winner.
