Adegboruwa is contending that under section 181(2) of the 1999 Constitution, a fresh election is required if the winner of an election dies or becomes incapacitated. “Whatever makes it impossible for the winner of an election to take benefit of his mandate, whether by reason of death, illness or otherwise, the constitutional dictate is to conduct fresh elections,” he argued. According to him, the Constitution does not recognise any arrangement whereby votes will be preserved in memory of a dead candidate. He said the Constitution has no provision for the transfer of a mandate to a newly nominated candidate and who was not part of the previous election that has been declared inconclusive. Adegboruwa is challenging the AGF’s (Abubakar Malami) statement that the APC can substitute governorship candidate at the November 21 election, the late Abubakar Audu. The lawyer is praying the court to determine among other things: a.Whether the late Audu, being the governorship candidate of APC in the gubernatorial election held on November 21, was duly elected in accordance with Section 179(2) of the 1999 Constitution to entitle the APC to substitute him through a supplementary election. b.Whether when a nominated candidate dies in an inconclusive election that is yet to be declared or authenticated by INEC, such an election can still be concluded with a substituted candidate who did not canvass for or was part of the inconclusive election. c.Whether the governorship ticket for the election of a governor in a state is the exclusive preserve of the political party, or a joint ticket of the political party and the candidate nominated such as when the nominated candidate dies in an inconclusive election, the political party will be entitled to nominate another candidate to conclude the election. d.Whether when a nominated candidate of a political party dies in an inconclusive election, INEC is entitled to proceed with the said election with liberty to the political party of the dead candidate to substitute him in the inconclusive election. e.Whether INEC should not conduct a fresh election to determine who will occupy the position of the Governor of Kogi State, given the death of Audu, the governorship candidate of APC. Adegboruwa sought a declaration that the election, having being declared inconclusive by INEC before Audu’s death was announced, the commission has no right to proceed with the inconclusive election. He urged the court to hold that by virtue of sections 33, 36 of the Electoral Act (as amended) and Section 181(2) of the 1999 Constitution, the death of a nominated candidate for an election that has been declared inconclusive, before the declaration of the winner, INEC is not entitled to continue with the election but to order a fresh poll. The plaintiff also sought a declaration that a political party is not entitled to substitute a dead candidate nominated for an election that has been declared inconclusive. He prayed for an order directing INEC to conduct a fresh election to determine who occupies the offices of governor and deputy governor of Kogi State. The case, numbered FHC/L/CS/1786/2015, has not been assigned to a judge.]]>