The senior Audu died on Sunday just as it became clear he was leading in the Kogi governorship election held Saturday.
Advertisement
Joined as respondents in the suit were the Attorney-General of the Federation, INEC, the Peoples’ Democratic Party (PDP) and the All Progressive Congress (APC).
It would be recalled, the Independent National Electoral Commission (INEC) handed APC a deadline of December 1, to nominate a replacement for Audu, days after his death.
The PDP went on to demand the resignation of all the national commissioners of the electoral body, insisting that the electoral body was not competent to conduct the forthcoming governorship election in Bayelsa State.
However, INEC declared the election inconclusive and ordered supplementary election in 91 polling units.
The deputy governorship candidate also wrote to his party, the APC, advising it not to heed INEC’s directive to conduct another primary election.
He said the election had already been won and lost, and that the party should rather support him in actualizing the mandate already given to APC and its candidates.
According to him, the Constitution does not recognise a situation whereby votes are preserved in memory of a dead candidate and subsequently transferred to a new candidate.
He thus said INEC had no right under the law to declare the election inconclusive. INEC is inadvertently prompting an avoidable political and legal crisis.
“With the unfortunate death of Prince Abubakar Audu, the APC has no valid candidate in the election, leaving INEC with no other lawful option than to declare the PDP candidate, Capt. Idris Wada as the victor of the election”, the communiqué said.
The result for the weekend’s election has not been declared following reports of irregularities.
The politician added that INEC had no right under the law to announce the poll inconclusive.
The letter, dated November 26, 2015, was addressed to the Chairman of INEC, Prof.
INEC had already fixed 5 December for supplementary election 91 polling units across 18 local government areas in the state.
He stressed that during his party’s national caucus meeting on Wednesday, it was resolved that there should be no going back on the decision to ask the INEC chairman and the attorney general of the federation, to resign.
Advertisement
“In parenthesis, we urge the APC, under your able leadership, to speedily look into and act on our client’s position as stipulated in this letter”.
