A Lawyer, Mr Fred Agbaje, has said the Independent National Electoral Commission was right in asking APC to field a new candidate for the December 5 governorship supplementary election in Kogi.
Agbaje made the assertion in an interview with the News Agency of Nigeria on Friday in Lagos.
He said the death of APC’s Prince Abubakar Audu even before the November 21 election was concluded should not, as a matter of law, nullify the votes he had garnered.
Agbaje added that the APC had not done anything wrong for endorsing the deceased son, Mohammed, for the election.
He said that the new nominee, just like every other qualified Nigerian, had the right to aspire to political offices.
Agbaje said, “The death of Prince Abubakar Audu of the APC should not amount to the cancellation of his votes.
“Also, the nomination of his son to replace him in the supplementary election should not throw up any legal issues.
“If he is a Nigerian and he is qualified, I do not see why he cannot run in the supplementary elections scheduled for December 5.”
He dismissed the argument by James Faleke, the deceased running mate, asking to be declared governor as he and the deceased had a joint ticket.
Agbaje said that Faleke’s claim had no place in the constitution.
He said that it was stated clearly in the INEC nomination form that he was contesting as deputy governor and so could not legally be declared governor owing to death of the main candidate.
The lawyer said the call by the Peoples Democratic Party that its candidate, Governor Idris Wada be declared winner in the election was the highest form of electoral fraud.
He said, “That is the highest form of electoral fraud. Why should the PDP want its candidate to be declared winner when it has not won the election.
“Obviously the party wants to reap where it did not sow. Their proposition is alien to the electoral Act and the constitution.
“You can’t claim victory in an election that you were not voted for.”
