Kogi election: Why Faleke may be compelled to serve as Bello’s running mate

James Faleke, the All Progressives Congress’ deputy governorship candidate to the late Audu Abubakar, is in the fight of his life.

Faleke, after Audu’s death, sought to be declared governor-elect by the Independent National Electoral Commission, and possibly to be named the standard-bearer for the supplementary elections.

However, the ruling party opted to retain Faleke as deputy governorship candidate in the supplementary election, while choosing Yahaya Bello as Audu’s replacement.

But Faleke says he’s not interested in being running mate to Bello, stressing that he’s the governor-elect following the death of Audu, and in spite of INEC’s declaration of the initial election as inconclusive.

Consequently, Faleke, on Tuesday, approached the Federal High court, demanding that he should be declared the governor-elect.

In a suit filed through Wole Olanipekun, SAN and Femi Falana, SAN, Faleke insisted that contrary to the claim by the electoral body, the Kogi State governorship election was conclusive.

Hence, he’s seeking: “A declaration that by the express provisions of sections 179 (2) (a) and (b) and 187(1) of the constitution, a person who is nominated as an associate of a candidate for the office of governor of a state is duly elected deputy governor of a state when the candidate for the office of the governor scores the highest number of votes at the election and also scored not less than one quarter of all the votes cast in each of at least two-third of all the local government areas in the state.

“A declaration that by the combined reading of sections 179 (2)(a) and (b) and 181(1) of the constitution, upon the death of a person duly elected as the governor of a state, the person elected with him as deputy-governor is to be sworn in as the governor of the state.”

Although Faleke has written to INEC and the APC, withdrawing himself from the supplementary election, his name is still listed as running mate to Bello.

Based on the electoral law, INEC cannot act on the letter submitted by Faleke demanding the removal of his name.

 

Section 35 of the 2010 Electoral Act(as amended) states that: “A candidate may withdraw his candidature by notice in writing signed by him and delivered by himself to the political party that nominated him for the election and the political party shall convey such withdrawal to the commission not later than 45 days to the election.”

Therefore, unless the APC substitutes Faleke with another candidate, his name will be listed as Bello’s running mate during Saturday’s supplementary election, even in absentia.

 

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