Monday, November 23, 2015

Damn !! : Audu's Death Puts Us In A Constitutional Crisis



WHICH IS IT NOW, 1, 2, OR ?.........


Note: The laws of our land did not envisage the death of a candidate after commencement of the election but before the conclusion of the process, especially one with the highest number of votes at the point in time dying before the process of election is concluded, and so did not make provisions for it. Our Electoral Act further put a restriction on when a candidate can be substituted for another.

What do we do now, are we in a constitutional crisis?

Section 181
(1) If a person duly elected as Governor dies before taking and subscribing the Oath of Allegiance and oath of office, or is unable for any reason whatsoever to be sworn in, the person elected with him as Deputy governor shall be sworn in as Governor and he shall nominate a new Deputy-Governor who shall be appointed by the Governor with the approval of a simple majority of the House of Assembly of the State.

(2) Where the persons duly elected as Governor and Deputy Governor of a State die or are for any reason unable to assume office before the inauguration of the house of Assembly, the Independent National Electoral Commission shall immediately conduct an election for a Governor and Deputy Governor of the State.

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