Sunday, 22 November 2015

Keyamo Speaks On Legal Implications Of Prince Audu’s Death

Human rights activist, Barrister Festus Keyamo has spoken on the legal implications and constitutional angles of the sudden death of the guber candidate of the APC in Kogi State, Prince Abubakar Audu.

The statement which was sent to us from the UK where the lawyer is on vacation reads thus:

The reported death today, Sunday, November 22nd, 2015, of the APC candidate in the Kogi State Governorship elections, Prince Abubakar Audu, is extremely shocking and sad. I would like to express my condolences to the entire family of Audu and to the people of Kogi State.

However, the real question agitating the minds of everybody is the legal implication regarding the inconclusive Governorship elections at the time of his demise. To state it correctly he was said to have died AFTER the announcement of the results by INEC and after INEC had declared the elections inconclusive. Admittedly, this is a strange and novel constitutional scenario. It has never happened in our constitutional history to the extent that when an election has been partially conducted (and not before or after the elections) a candidate dies. What then happens?

This is a hybrid situation between what happened in the case of Atiku Abubakar/Boni Haruna in 1999 and the provision of section 33 of the Electoral Act, 2010.

In the case of Atiku Abubakar/Boni Haruna [which is now a clear constitutional provision of section 181(1) of the 1999 Constitution (as amended)]  the Supreme Court held, in effect, that 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”.  

In the case of section 33 of the Electoral Act 2010 it provides, in effect, that if a person has been duly nominated as a candidate of his party and he dies before the election then the political party has the right to replace him with another candidate and not necessarily the Deputy Governorship candidate.

Now, does the Kogi situation fit into section 181(1) of the Constitution as quoted above or section 33 of the Electoral Act mentioned above?

My simple position is that the Kogi situation fits more into section 181(1) of the 1999 Constitution (as amended) and as such James Abiodun Faleke automatically becomes the governorship candidate of the APC. This is because even though the election in inconclusive, votes have been counted and allocated to Parties and candidates. As a result the joint ticket of Audu/Faleke has acquired some votes already. James Abiodun Faleke is as much entitled to those votes already counted as much as the late Abubakar Audu. He has a right to cling to those votes going into the supplementary election.

There is only one problem, though. Who nominates Faleke’s Deputy? Unlike section 181(1) of the 1999 Constitution, he cannot approach the House of Assembly of the State to approve a nomination by him of a Deputy. This is because, in reality, he is not duly elected yet. Therefore it is only reasonable to conclude that it is APC (Faleke’s political party) that should submit the name of a fresh Deputy Governorship candidate to INEC for the supplementary election.

This is the only position in this situation that accords with reason and good sense. 

London, 9:40pm
Sunday, November 22, 2015.

Pathetic Last Hours of APC Guber Aspirant, Abubakar Audu…The Constitutional Crises

That the APC gubernatorial hopeful, Abubakar Audu who was being touted to be in early lead in the yet to be concluded Kogi election today is dead is no longer news, what’s yet to be told is how the controversial former governor died of stroke this afternoon, Sunday, November, 22nd, 2015 after hearing the bad news that, the election is inconclusive.
According to family sources, Prince Abubakar Audu, his health predicament began yesterday when he was said to have complained of stomach cramps before going to bed, “he complained of stomach cramps last night, Saturday, November, 21st, 2015 and we all thought it’s something normal owing to the stress of the forthcoming election, but he went to bed and nothing happened”, the source told National Enquirer.
We gathered reliably that trouble started however when Prince Audu woke up this morning looking very pale and jittery, he subsequently suffered stroke this morning around 9am but was slightly okay and was able to manage his health to the polling booth where he got accredited and later voted.
The source told National Enquirer that, the politician who was said to be 72 years old had been so anxious about the outcome of the election so much so that, he kept compelling his aides to get feed backs from all LGs and by all possible means.
Later in the afternoon, after the Independent National Electoral Commission (INEC) declared the election inconclusive, Audu suffered another stroke and when people around him sensed that, it was getting out of hand, they decided to rush him to Abuja for necessary medical attention in a bid to save his life “by fire by force” and it was on their way to Abuja that he died of cardiac arrest.
It would be recalled that, the politician had faced tough and stringent criticism over his candidacy as the APC guber aspirant for the Kogi 2015 election with so many groups kicking against candidature and even integrity due to the account of his last stewardship.   
The 72 year old is survived by wives and children.

The Constitutional Crises
The death of the APC guber candidate in Kogi State, Prince Audu has caused serious constitutional crises as our electoral act didn’t envisage this, so, the faith of the party-APC and that of the deputy of the deceased, Mr. Faleke is not yet known in the on-going election.
But National Enquirer spoke to a constitutional lawyer, Barrister Monday Ubani and according to him, “yeah it is true that, there’s no provision for this in the electoral act, but as it is, what will happen is that, the election will go on, the party will go on with the election because no one has been declared victor or vanquish, and at the end of the day, if APC wins, the deputy will emerge as the substantive governor and choose who runs as his deputy” his words.  
Jite Usman

Meet Tiya, Multitalented Paragon of Beauty In UK

In life, your talent determines what you can do. Your motivation determines how much you are willing to do and your attitude determines how well you do it. These seem to have been the guiding principles of one of our prides who’s ruling the social scene in the UK. Christened Taiwo Odebode but fondly addressed as Tiya by fans and admirers, the breath taking beauty who hails from Ile Ife, Osun State is a lady of many parts.

Well kitted with a post graduate degree in Health & Social Care Management from the University of West London (formerly Thames Valley University), the Nigerian born British who’s the youngest of the Odebode’s eight children has grown to become one of the rising stars in the United Kingdom.

The unassuming paragon of beauty is an actor, media entrepreneur, broadcast journalist of repute and above all a business woman of note. Tiya has featured in so many films such as Amina, Shattered Hearts, The Broken Bride, produced and directed by George Kelly, (the Broken
Bride won best indigenous movie)

Others are: Shameful Deceit- a movie produced by the UK based Nollywood star and PR Guru, Theodora Ibekwe, and directed by award winning Ruke Amata, Screen played by Evelyn Obahor and cinematography by Nelson Spyk.

Also to her credit are Oxford Gardens, by the popular multi talented Director Obi Emelonye, Basira In London, a film produced and directed by Phillipa C Abraham, Ese Ni (Sin) produced by Sola Kosoko and directed by Jide Kosoko and TV Dramas; Housewife & Girlfriends showing on DSTV, Here & Now produced and directed by Ruke Amata to mention but a few.
As a media entrepreneur, the woman of substance who’s happily married with adorable kids has made a remarkable contribution, her publication, Tiya Magazine explores the world of beauty, fashion, wellbeing and other facets of social life and as a broadcast journalist, her programmes on the popular Ben TV and Prestige TV in the UK are viewers delight anyday.

The dynamic lady is so active in almost every aspect of social life that she was once the Social Secretary of the Osun State Indigenes UK /Ireland and currently the Assistant Welfare Officer of the Actors Guild UK/Nigeria

Tiya has a growing passion for the cause of humanity, especially to change the plights of the less privileged in Nigeria, this and lots more are some of her pet projects in pipeline and she has vowed never to relent until she realizes the dreams.  

Jite Usman, National Enquirer