The Attorney General of the Federation and Minister of Justice, Mr Abubakar Malami, has said that the All Progressives Congress (APC) could substitute its candidate in the Kogi State governorship election, who died a day after the November 21 election.
Mr Malami said section 33 of the Electoral Act provided for such substitution.
At a seminar in Abuja on Tuesday, organised by the Nigerian Law Reform Commission on the reform of the National Environmental Standards and Regulation Enforcement Agency (establishment) Act, the Attorney General said the Kogi election had to be concluded.
He explained that section 221 of the constitution was clear that the votes that were cast were cast in favour of the APC.
Mr Malami said since the primary election conducted by the APC prior to the governorship election was still valid, the candidate that came second may have to be considered as replacement.
Meanwhile, the Independent National Electoral Commission has scheduled the supplementary election in 91 polling units where elections were cancelled to hold on December 5.
Mr Audu died on Sunday, a day after the governorship election.
After election results from the 21 local government areas were collated on Sunday, the APC’ candidate, Mr Audu, was leading while the incumbent Governor, Captain Idris Wada of the Peoples Democratic Party (PDP) trailed by a margin less than the number of cancelled votes.
The candidate of the All Progressives Congress had 240,867 votes while that of the PDP got 199,514 votes.
The commission said 49,953 votes were canceled, which was higher than the margin between the leading candidate and the runner-up. It then declared the election inconclusive.