KOGI ELECTION AND THE QUESTION OF LEGALITY

The death of a leading or emerging winner of a gubernatorial election and the mode of its possible replacement is silent in the Nigeria constitution; the drafters didn’t envisage this reality, hence the lacuna in the law. Lawyers and political Pundits have since been let out of the cage and have flood the space with diverse opinions, though, everyone canvass their opinions with various section of the constitution which presupposes that the law is not clearly stated for this case. While it is okay for every stakeholder in this election to canvas for their interest it is also important that a valid and logical solution is arrived at to proffer solution to this quagmire. It shall be distasteful to have a decision that is anti-people and out rightly violate the rule of good conscience and negate democratic values. Because, when a bad precedent subsist it forever become a bane of social justice and a clog in the wheel of growth in a developing country like ours.

While the PDP have argued that the demise of Late Abubakar Audu may his soul rest in peace automatically means that the APC is out of the race and has asked INEC to declare their candidate the winner of the election being the runner up for the result so far declared. INEC has maintained that there  will be a supplementary election to conclude the poll and has asked the APC to provide another candidate through a new primary, a decision that many have argued as unlawful and has offered a word of caution to the APC. Mr. Abiodun Faleke, the running mate to late prince Audu has on the other hand argued and asked INEC to declare him the winner of the election owing to the fact that he ran on a joint ticket with his late principal, but his call seems to have met deaf ears as INEC insist on the supplementary election and some group have call for his rejection as he is from a minority in the state and that he cannot rule the Igala dominated state.

Undoubtedly, democracy is a government of the people ruled by a candidate with the majority and this is why some groups systematically adopt the concept of power rotation among diverse interest to forestall undue marginalization of certain interest. When an uncertain circumstance prevail in a democratic setting that wasn’t envisaged by the rules, necessity becomes the mother of invention and this must be carried out in line with existing precedent relating to similar case and shouldn’t be unjust and biased in any form.

The argument that Mr Abiodun Faleke should not be declared winner and Governor of the state because he is not from the region with majority is very illogical to good conscience and good reasoning. Mr Abiodun Faleke and late Prince Audu may his soul rest in peace ran on a joint ticket and as a deputy he is expected to fill the shoes of his principal whenever and where he is call to duty and he is absent; this is what the role of a deputy governor refers. If by virtue of circumstance the principal passed on untimely, the next thing to reality that should happen is to allow Faleke to step into the shoes of his boss as anything short of this is illogical, bias and unjust.

It is still very fresh in our mind how ex-president Goodluck Jonathan was almost denied the opportunity of becoming the president after his principal passed on. Thankfully enough, men and women of good conscience prevailed and the doctrine of necessity was introduced to save the situation. This is exactly what we should be doing in this case and not the many efforts being played out to undermine logic and good will.

As a people, we must know that a majority in any place is a minority somewhere and we should be guided by fairness, justice and equity anytime. The concept of democratic majority is not for dominant tribe to enslave the minority or deny them sense of belonging. Hence, the many causes for self-agitation. If a Kenyan can rule America, Mr. Abiodun Faleke can rule Kogi.

I wish to urge all stakeholders to embrace peace, fight for a united Kogi and do what is considered best for the state at this time. The APC shouldn’t shout change to echo the force alone but must be seen to be acting it out in its best interest. There is however no doubt that litigation shall flood the court regardless of what decision is taken but where illegality was sustained, the courts shall right the wrongs on the long run.