Kogi Guber: PDP To Challenge INEC In Court

Kogi Guber: PDP To Challenge INEC In Court
…Says Wada should be declared winner

Chris Steven, Abuja

Peoples Democratic Party (PDP) has expressed it resolve to challenge the
Independent National Electoral Commission (INEC) in court, following its decision to allow All Progressives Congress to substitute its late candidate, Abubakar Audu in the coming December 5 supplementary election in Kogi state.

The party has also called on the Commission to declare its candidate Idris Wada as winner of the governorship election as APC has legally crashed out of the election, following the demise of its candidate.

These were part of the decision of PDP caucus meeting held on Wednesday night.

In its communique made available to journalists on Thursday by the party spokesman, Olisa Metuh, the party said, “in order to save the nation’s democracy from imminent collapse, the PDP as a critical stakeholder will immediately challenge this unlawful and unconstitutional decision by INEC in the court.”

“With the death of its candidate, Prince Abubakar Audu, the APC has legally crashed out of the governorship race as no known law or constitutional provision allows the substituting of candidates, once the ballot process has commenced.

“With the unfortunate death of Prince Abubakar Audu, the APC has no valid candidate in the election, leaving INEC with no other lawful option than to declare the PDP candidate, Capt. Idris Wada as the winner of the election.” The party said
 
PDP also observed that the leadership of INEC as presently constituted under the Chairmanship of Prof. Mahmood Yakubu has demonstrated that it is incapable of neutrality and as such cannot be vested with the conduct of the Kogi governorship supplementary election as well as the December 5, 2015 Bayelsa governorship election.

PDP communique reads: “Completely rejects the decision of INEC in yielding to the unlawful prompting of a clearly partisan Attorney General of the Federation (AGF), Mallam Abubakar Malami, to allow APC to substitute a candidate in the middle of an election, even when such has no place in the Constitution and the Electoral Act.

“Notes that the combine reading of the provisions of the constitution and Electoral Act does not in any way whatsoever support the substitution of candidates for election in the middle of the ballot process.

“Notes that if APC is allowed to substitute its original candidate, then the party would have fielded two separate candidates in the same election, a scenario that is completely alien to our electoral laws and to any known democratic norms and practice world-over.

“Caucus observes that the APC, fully aware that it has no case before the law is now orchestrating confusion in the polity with a view to diverting attention from its glaring incompetence and failure of governance.

“As a result, caucus demands the immediate resignation of the chairman and all national commissioners of INEC to pave the way for a new non-partisan commission to conduct the forth-coming elections.

“Caucus also demands the immediate resignation of the Attorney General of the Federation (AGF), Mallam Abubakar Malami for deliberately misleading INEC into arriving at the unconstitutional decision of allowing APC to substitute its candidate in the inconclusive election.

“Caucus also alerts that the AGF, INEC and APC are creating a scenario where a loser in a primary will patiently wait for the winning candidate to finish election and then have him either poisoned or assassinated before the final collation of results.

“Caucus calls on the international community to prevail on the APC government to stop this ceaseless assault on our democracy.”