SUPPLEMENTARY gubernatorial elections are to hold in Kogi State on December 5 with the All Progressives Congress (APC) asked to field a fresh candidate to replace Prince Abubakar Audu who suddenly died on Sunday.  

Last Saturday, Kogi State went to the polls to elect a governor in what was a two-horse race between former governor Prince Audu of the APC and incumbent governor Idris Wada of the Peoples Democratic Party (PDP). Although the Independent National Electoral Commission, (Inec) declared the elections inconclusive due to irregularities in some wards, Prince Audu had taken an unassailable lead. 

However, before Inec could decide how to resolve the matter, Prince Audu suddenly died on Sunday morning after suffering from a stroke. His death plunged the state into uncertainty as the development was not only unprecedented but the constitution is silent on what happens under such circumstances. 

Clearing the air on the matter after several days of consultation, attorney-general and justice minister Abubakar Malami, has said that supplementary polls need to be conducted in the 91 polling booths where there were discrepancies. He added that as a result, the APC will need field a new governorship candidate to replace Prince Audu. 

In a letter to all the parties, Inec's secretary Augusta Ogakwu, said that the commission has decided to hold a supplementary election on December 5 in all the 91 polling booths that were affected by irregularities last Saturday. On December 5, Inec will also be holding governorship elections in Bayelsa State, so will coordinate both polls together.

According to Mr Malami, the election has to be concluded and for this to happen, the APC would have to substitute its candidate for the purpose of the supplementary poll. He however did not say that the party’s deputy governorship candidate, James Abiodun Faleke, would automatically step in as the candidate.

Mr Malami added: “The issue is very straightforward. Fundamentally, Section 33 of the Electoral Act is very clear that in case of death, the right for substitution by political a political party is sustained by the provisions of section 33 of the Electoral Act.

“If you have a community reading of that section with Section 221 of the Constitution, which clearly indicates that the right to vote is the right of a political party and the party in this case, the APC has participated in the conduct of the election. It is therefore apparent that the combination community reading of the two provisions does not leave any room for conjecture."

On who will be the new APC candidate, Mr Malami added that this could depend on the appreciation of issues arising from the primaries conducted before now. He added that there was a first and a second candidate and primaries that had taken place over time had not by anyway been nullified and it is recognised by law.