#KogiDecides Professor Yadudu: Political Solution can't Solve Kogi Poll

A constitutional lawyer, Professor Auwalu Yadudu, has ruled out the use of the so-called ‘political solution’ in order to stop the conduct of the December 5, 2015 supplementary governorship election in Kogi State.


Professor Yadudu, in an exclusive interview with Daily Trust, said any magnanimous decision on the part of Governor Idris Wada to consider the possibility of conceding defeat ahead of the poll could not even stop the election because the Independent National Electoral Commission (INEC) must make a return.

When asked about the possibility of a situation whereby the incumbent governor and the PDP candidate decided to accept defeat in order to avoid legal tussle, he said, “The postponement of election in 91polling units is not his (Wada) decision. The INEC took that decision. So, the INEC will conduct the election. Of course, if he chooses, he can, on that day, say that he will concede defeat. 

“Even his statement alone will not end the matter. The INEC still has to make a return to declare the winner. Who knows? He might win. It’s very unlikely that if you have over 49,000 registered voters, he will score 43,000 and leave other parties with the remainder.”

The teacher at Bayero University, Kano also explained the reason why the National Assembly could not intervene by introducing the ‘Doctrine of Necessity’. 

“The issues then are different from what they are now. Already, the election manager, the INEC, has interpreted the law. Actions will follow from its interpretations and decisions based on its understanding of the law. There will not be any need for ‘Doctrine of Necessity’. You know the late Umaru Musa Yar’adua saga eventually led to the amendment of the constitution to make it clearer. 

“I will imagine that when next the constitution is being altered, some attempts will be made to cater for the kind of situation that has arisen which was not envisaged. It’s just for clarity. I don’t think the situation is so awkward or ambiguous. It will likely go to court. Though Yar’adua’s case did not go to court, but this may go to court. Then, the court will interpret the Section. I don’t think the National Assembly will have been involved,” he explained.




http://www.dailytrust.com.ng/news/politics/political-solution-can-t-stop-kogi-poll-professor-yadudu/121875.html