Why I’m Kogi governor-elect –Faleke

The All Progressives Congress (APC), deputy governorship candidate in the stalemated governorship election in Kogi State, Hon Abiodun Faleke has emphasized the reason he is to be considered as governor-elect.
In a fresh letter written to the National Chairman of the APC, Chief John Oyegun, Faleke through his lawyer, Chief Wole Olanipekun (SAN), averred that the election that was declared inconclusive by the Independent National Electoral Commission (INEC), was in fact conclusive going by the constitutional provisions.
According to Olanipekun, “in the eyes of Constitution and the law, our client is the governor-elect of Kogi State,” asserting that, “there is no gainsaying this fact,” as it is a truism that cannot be discounted.”
Quoting Section 179 (2) (b) of the 1999 Constitution, Olanipekun stated that: “A candidate for an election to the office of Governor of a state shall be deemed to have been duly elected where, there being two or more candidates (if) he has not less than one-quarter of all the votes cast in each of at least two-thirds of all the local government areas of the state.”
Against this background, the Senior Advocate warned that, the idea being sold to the APC by the INEC over a supplementary primary election to bring new governorship candidate for the purpose of supplementary election in only 91 units is saturated with deleterious legal and constitutional landmines.
“We posit without any hesitation that at this stage, INEC and all the political parties that took part in the concluded election have reached a point of no return. Thus, our client can neither be jettisoned by the APC, nor can a new or fresh candidate be imposed on him as his principal.
“The law also does not recognize this type of supplementary election in 91 polling units, with total number of eligible voters with PVCs not more than 25, 000 or thereabout. Otherwise, if the law and Constitution allow it, Kogi State would end up holding a supplementary election which would also produce a supplementary governor. Put bluntly, there cannot be any legitimate Governor of Kogi State who would emerge from the supplementary election (outside our client) with a maximum of 25, 000 votes, assuming all the registered voters with PVCs cast their votes for the anticipatory supplementary candidate.
“Put on the flip side, that supplementary governor will also be likened to a Governor of 91polling units,” Olanipekun pointed out.
He then went down memory lane to remind what led to the now famous ‘Doctrine of Necessity,” when former President Umaru Yar’Adua was terminally ill before his demise which brought his then Vice, Goodluck Jonathan to power by first becoming an acting president and later President.
He also cited the example of former Vice President, Atiku Abubakar, “who had already transmuted to be Vice President-elect,” and the PDP called the bluff of the INEC and made sure the then Deputy-Governor-elect, Boni Haruna stepped up to be sworn-in as Governor with¬out any new principal imposed on him.