Politics
Executive Defection: Independent Candidacy To The Rescue
It is common ground that under the present constitutional arrangement in Nigeria, independent candidacy in an election is expressly outlawed. A community reading of the proviso to section 40 and section 221 of the Constitution of the Federal Republic of Nigeria, 1999, as amended, buttress that only registered political parties are authorised to canvass for votes for a candidate in an election.
Put tersely, a candidate in an election must be sponsored by an INEC registered political party.
This present position of the law (no independent candidate in an election), has thrown up confusion in the polity leading to diametrically opposed or divergent views about who owns the votes cast in an election especially in relation to members of the executive arm of government, who may choose to decamp after being elected into office on the platform of a political party.
Throughout the gamut of constitution, there is no express provision barring or prohibiting an elected member of the executive arm of Government from decamping.
This is unlike what is expressly obtainable under the provisions of sections 68(1)(g) and 109(1)(g) of the Constitution of the Federal Republic of Nigeria (as amended) where an elected member of the National Assembly or State House of Assembly respectively is (subject to recognised exceptions therein) liable to vacate his seat if he becomes a member of another political party before the expiration of the period for which he was elected.
Answering the query to whom does the votes cast in an election belong has therefore become very problematic.
Some argue that the votes belong to the political party because, among other things, it is the party (its logo not name or photograph of the candidate) that is voted on election day. It is the exclusive constitutional preroga-tive of the party to sponsor candidates in an election.
On the contrary, others contend that votes cast in an election belong to the candidate because the party does not go for screening of candidates and the Certificate of Return is issued to the candidate in his name and not in the name of the political party.
They further argue that the Certificate of Return is issued to a named candidate of a political party (for instance, issued to Prof of APC as the winner) and not for the party (for instance, issued to Prof for APC as the winner).
All the sides of the argument are attractive and carry forceful convincing logic.
No person can win an election if he is not sponsored by a political party. No party can win an election if it does not have a candidate in an election.
This is like Siamese (thoracapagus con-joined) twins situation or resolving the query of seniority between the egg and chicken (which came first).
Even the courts are also divided on the matter of who owns the votes in an election where an elected member of the executive arm of government defects to another political party following from the types of judicial decisions that emanate from the lower superior courts of record lately.
It is thus settled that it will only take the Supreme Court to decide the matter conclusively on a final appeal.
Even at that, opinions will continue to be divided if the constitutional provi-sions remain the way they are presently couched and if the Constitution continues to outlaw independent candidacy in an election.
To break this serious deadlock, it is strongly suggested that the Constitution be amended to allow independent candidacy in an election. That way, the present nagging debates about the owner of votes cast in an election will be laid to rest permanently.
With this proposed constitutional amend-ment in favour of independent candidacy, if a person contests an election as an independent candidate, the argument as to who owns the votes will never arise. The votes surely belong to him.
Where on the other hand, a person is a sponsored candidate of a political party, it will no longer be open for that person to claim that the votes belong to him and not to the political party on whose platform he contested and won the election.
Given the present quagmire, independent candidacy is “a win win situation” and it is consistent with the right to freedom of association enshrined in section 40 of the Constitution of the Federal Republic of Nigeria 1999, which provides as follows: Every person shall be entitled to assembly freely and associate with other persons, and in particular he may form or belong to any political party, trade union or any association for the protection of his interests.
The right to freedom of association includes not only the right to dissociate but also the freedom to be alone (independent).
We call on our legislature to do the needful and save all the huge verbal expenditure and juristic ink being wasted on a matter that has a simple solution.
A new normal is possible!
By: N.O. Obiaraeri
Obiaraeri resides in Owerri.
The House of Representatives has urged the Federal Government to pay the withheld salaries of the Academic Staff Union of Universities (ASUU) and the Non Academic Staff Union (NASU).
This followed the adoption of a Motion of Urgent Public Importance by Rep. Abubakar Fulata (APC-Jigawa) during plenary on Wednesday.
Presenting the motion, Fulata said that the government must accede to the unions’ demands because they were genuine.
Adopting the motion, the House urged the President to direct the relevant bodies to come up with modalities for negotiation with both ASUU and NASU.
The House said this would enable them to come up with workable, implementable and final agreement to be signed by both parties.
The House urged the president to direct the Ministry of Finance, to ensure full implementation.
The House mandated its Committees on University Education, Polytechnic Education, Federal Colleges of Education, Labour and Productivity, Finance, Legislative Compliance to ensure compliance.
The bill seeking to prescribe salaries, allowances, and fringe benefits of Judicial office holders in Nigeria has passed second reading at the Senate.
This followed the presentation of the general principles of the bill by the sponsor, Sen. Lola Ashiru (APC-Kwara) at plenary on Thursday.
Presenting the bill, Ashiru said the bill, an executive bill, was forwarded to the two Chambers of the National Assembly by President Bola Tinubu, in accordance with provisions of Section 58(2) of the Constitution of the Federal Republic of Nigeria 1999, as amended.
He said the bill, in a nutshell, seeks to prescribe salaries, allowances and fringe benefits for judicial officers in order to nip in the bud, the prolonged stagnation in their remuneration.
This, he said was to reflect the contemporary socio-economic realities of the time.
Ashiru said the bill intends to unify the salary structure, allowances and fringe benefits of judicial officers holders both in the Federal and at the State levels.
“This proposed legal framework, undoubtedly, will bring about significant improvement in the welfare, capacity and independence of the Judiciary, which have been contentious issues of public discourse over the years.”
He said that the intent of the bill was in conformity with the current administration’s resolve to strengthen the country’s Judiciary and the criminal justice system .
This, he said was to ensure its independence in the performance of its constitutional role, as the arbiter of the temple of justice.
He urged the senators to support the expeditious passage of the bill in view of its importance to the socio-economic and political development of this country.
Sen. Mohammed Monguno (APC-Borno), who seconded the motion said it was necessary to ensure adequate remuneration of Judicial officers was in line with the current economic reality.
He said that there was the need to provide an adequate remuneration that would prevent judicial officials from being tempted for corruption.
Sen. Orji Kalu (APC- Abia ) commended the executive for presenting the bill to prescribe a remuneration for the judicial arm of government, saying that no right thinking Nigerian would want to oppose it.
He urged the officials to ensure that justice is dispensed rightly to Nigerians.
He also urged the government to improve remuneration of other sectors given the economic reality.
Deputy President of Senate, Barau Jubrin (APC-Kano) said the President has done creditably well by presenting the bill for remuneration of the judicial officials.
He said the judicial officials had suffered in silence for as they were not disposed to speaking up on the issues, just like the labour unions.
He said it was cheery and commendable for President Tinubu to have brought the bill, which was designed to enhance the salary and welfare of the judicial officials.
President of Senate, Godswill Akpiabio said presentation of the bill was a right step in the right direction by President Tinubu.
Akpabio, referred the bill to the committee on Judiciary, Human Rights and Legal Matters for further legislative inputs and to return back to plenary in four weeks, after the bill was read for the second time.
Justice Abdullahi Muhammad Liman of the Federal High Court, Kano, has fixed May 28 for hearing in the substantive application filed by the All Progressives Congress (APC) National Chairman, Abdullahi Ganduje.
Dr Ganduje is challenging his suspension from the party by factional ward executives led by one Basiru Nuhu Isa.
He was first suspended by APC Ganduje Ward executives led by one Haladu Gwanjo on April 15. Another faction emerged and also announced suspension of Dr Ganduje on April 20.
The Tide source reports that the secretary of the party in Kano, Zakari Sarina, said the suspension by the faction was another case of impersonation.
Dr Ganduje is seeking a declaration that his suspension from the party without giving him opportunity to defend himself amounts to violation of his fundamental right to fair hearing.
He is also seeking a declaration that his suspension by the faction was unlawful, null and void.
Counsel for the embattled APC chairman, Hadiza Ahmad, applied for service on the respondents by substituted means which the court granted.
Justice Liman adjourned to May 28 for hearing in the matter.
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