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THE KOGI DEBACLE: APC SETTING A BAD PRECEDENCE

By Admin

Everyday the more I try to shy away from political discussion the more it stirs me on the face and the only option left is to speak out my mind no matter how people may feel.

I think so many Nigerians has since forgot the Kogi State governorship election. The news about Kogi now is that on January 27, 2016, a new governor will be sworn-in but the question is: who will be that valid governor of Kogi State? That's why I call it the Kogi Debacle. As far as the 1999 Constitution is still valid in Nigeria, Alhaji Yahaya Bello is not and can never be the governor of Kogi State on the point of law. This is one fact that Constitutional Lawyers failed to tell Nigerians because of political expediency and patronage.

The 1999 Constitution of the federal republic of Nigeria make it very clear in Section 187(1) that, ''a candidate for the office of Governor of a state shall not be deemed to have been validly nominated for such office unless he nominates another candidate as his associate for his running for the office of Governor.''

For record purposes and for posterity, Yahaya Bello is not the elected governor of Kogi State as he cannot inherit votes from Late Prince Abubakar Audu. He only got votes from 91 polling units for the Supplementary Elections even without a running mate as Hon. Falake has on November 24 written to INEC that he cannot deputize Yahaya Bello. He is still in court on this claiming he is the right person to inherit Audu's votes. I have earlier posted that the best option that was left for APC was to conduct a fresh primary after the impasse but they breached the Constitution and Electoral Law to please certain interest.

On the hand, Hon. Falake was also not a valid nominee as Audu's running mate because he is presently serving as a second term member of House of Representatives representing Ikeja Federal Constituency of Lagos State and has earlier served as elected Chairman for Ojodu Council Development of Ikeja LGA. Under federalism which is in our Constitution, Hon. Falake cannot simultaneously contest election or aspire to represent two different Constituencies in two different states in one country. So Hon. Falake was on the first instance not a valid running mate for Audu. It was the workings of the Asiwaju and that has already crumbled with the prevailing circumstances.

In summary, APC did not have a governorship candidate at the Supplementary Election of December 5 but INEC foisted Hon. Falake on another invalid candidate by the instruction of the Attorney General of the Federation, Abubakar Malami, SAN but all that will be corrected at the Election Tribunal or upper court. The point is that Yahaya Bello is not an elected governor of Kogi State and should not be sworn-in on January 27. Capt Idris Wada first tenure will end on January 27 and the Speaker should be sworn-in as you can't swear-in a governor without a deputy. That will be a total breach of the Constitution and a murder on our democracy.

As it is, APC do not have an elected governor in Kogi State likewise a deputy governor elect. We must all rise up to defend our democracy or set a precedence that will make our country a mockery in the comity of nations.

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