APC candidate, Audu, died under controversial circumstances between Saturday and Sunday, prompting APC to commence the process of choosing a new flag bearer — as directed by INEC.
In his first letter to INEC on Wednesday, Faleke had said he was the proper beneficiary of the votes that were cast in favour of APC, and urged the commission to declare him governor-elect.
Now in the second letter to APC chairman Oyegun, Faleke said there is danger
if the party follow INEC’s directive of selecting new candidate to inherit APC's vote in a joined ticket.
Faleke, through his lawyer, Wole said INEC and all parties to the election had already reached a point of no return. He said holding a supplementary primary to produce a candidate for a supplementary election in 91 polling units can only produce a supplementary governor for Kogi state.
He cited section 197(2) (b) of the 1999 Constitution which states that “(2) 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. (b) He has not less than one-quarter of all the votes cast of at least two-thirds of all the local government areas of the state”.
Faleke also recalled that in 1999, when the governor-elect of Adamawa state, Atiku Abubakar, was made Vice President, INEC ordered a rerun election to produce a fresh governor.
But the PDP insisted that Atiku’s deputy, Boni Haruna, should automatically be made governor.
He said the legal battle surrounding the matter went up to the Supreme Court which ruled in favour of the PDP allowing Mr. Haruna to serve as governor and even winning re-election.
Faleke equally reminded Oyegun of how leading members of the APC in coalition with some “decent forces” in the country, bandying the “doctrine of necessity”, championed the course of then Vice President Goodluck Jonathan to be appointed Acting President when the president at the time, Umaru Yar’adua, became terminally ill.
He said Jonathan thereafter became substantive president for six years.
“If we could rely on the ‘doctrine of necessity’ and maximally utilize same to make Vice President Goodluck Jonathan the sitting president, it then goes without saying that both INEC and APC must submit themselves to the doctrine of constitutional imperative and /or necessity to allow our client (Faleke) to be governor-elect of Kogi state,” the letter reads.
Faleke and his lawyers said they were “ready and willing” to articulate and defend their position before any organ of the party.
He vowed not to "trade off or compromise his mandate as the governor elect of Kogi state."
