A Nigerian lawyer, Chris Akiri, has explained the content of the Electoral Act that gives the All Progressives Congress the right to substitute its candidate in the Kogi governorship election who died a day after the election.
Mr Akiri quoting the Act, said section 33 of the Electoral Act had clearly stated conditions for such substitution of candidate.
“No political party shall be allowed to change or substitute its candidate whose name has been submitted pursuant to section 31 of the Act, except in the case of death or withdrawal by the candidate,” he said, reading from the Act.
The lawyer further said that contrary to the analysis of some other persons, the section of the Act had not given any time for the substitution of candidate, which implies that the candidate could be substituted at any time in line with that section of the Act.
“Analysts should place emphasis on the word except,” he said, emphasising that anything outside this arrangement, the Supreme Court would further give a verdict on it.
Mr Akiri said that it was up to the political party to decide the process of the substitution, which must be done before December 5 scheduled for the supplementary election.
Some analysts kicking against the substitution of the late candidate have argued that the votes were cast by electorates, considering the person of late Mr Abubakar Audu, which should not be given to another candidate who may not be the choice of the electorates.
But Mr Akiri said that the Supreme Court had ruled that votes are cast for the party and not the candidate.
“It is the party that is voted for and not the candidate and that is why the Act said the party has the right to substitute the candidate,” he further explained.
The lawyer dismissed calls for the nullification of the election, saying it was not constitutional.
He, however, stressed that the running mate of the late candidate was not empowered by the constitution to take over, since his party was not declared the winner of the election.
“The party can chose the running mate as the new governorship candidate, but it is for the party to decide,” Mr Akiri stressed.
The Peoples Democratic Party had days ago, rejected the call for the substitution of the candidate, saying it is unlawful and an attack on Nigeria’s democracy.
On Thursday, the party asked the electoral body to declare its candidate and the incumbent governor, who was trailing the late candidate of the APC in the governorship election declared inconclusive, the winner of the election.
