Politics
Candidates’ Swap: INEC Advises Agrieved Aspirants To Go To Court
The Independent National Electoral Commission (INEC) has advised aspirants of different political parties who felt marginalised during the just-concluded primaries to approach any Federal High Court for redress.
INEC’s National Commissioner of Information and Voter Education, Festus Okoye, who appeared on a television programme on Monday morning, gave the advice while answering questions on the fate of Senate President, Ahmad Lawan of Yobe North Senatorial District and immediate past Minister of Niger Delta Affairs, Godswill Akpabio of Akwa North West Senatorial District in the 2023 elections.
Recall that while Senator Lawan was battling for the All Progressives Congress (APC) presidential ticket, Bashir Sheriff Machina was declared the winner of the Yobe North Senatorial District primary election.
However, Machina has threatened to go to court to reclaim his mandate as the APC sent the name of Lawan to the electoral body for clearance.
Recall also that Akpabio had won the re-run initially won by Obongemem Ekperikpe Ekpo who reliable sources confided in The Tide source had withdrawn for Akpabio in line with the provision of the Electoral Act, 2022.
However, Okoye said he had not come across the names of candidates submitted by political parties, though viral report has it that the APC at national level had replaced the name of Machina with that of Lawan.
From INEC’s explanation, Lawan or any individual in his position is left at the mercy of the aspirants who have been legally and constitutionally nominated by their political parties.
Okoye said that the Commission monitored and has the reports of all the senatorial and House of Representatives primaries, adding that properly nominated candidates must write to INEC with a sworn affidavit, asking for a fresh primary, which would be conducted within 14 days before a replacement can be made.
He further advised Machina and others whose mandates have been taken from them to approach a well-constituted court of law to seek redress since INEC already has the reports from the primaries.
“I completely agree with you that someone who has not contested party’s primary should not be in a position to be nominated as party’s candidate,” Okoye said.
“But now the Independent National Electoral Commission is not in a position as at now to make a determination in relation to what you’re saying or to make a determination in relation to whose name was submitted by a political party.
“The Commission monitored the primaries of different political parties. Their senatorial and House of Representatives primaries and we have our reports. So if somebody emerged from the party primary and someone else’s name is submitted, it is the duty of that particular individual to utilise Section 285 of the Constitution, Section 84 and 29 of the Electoral Act to seek redress in a constituted court of law.
“Moreover, what the law provides is that at the end of this nomination process, if any of the candidates that have been properly and constitutional nominated withdraws in writing and sworn affidavit that the ‘political party that nominated me must and shall conduct fresh primaries within the period of 14 days and then make such replacement.’
“Then the person must do this through a letter submitted to the political party that nominated him with an affidavit indicating that he or she has voluntarily withdrawn. So that is the state of the law as at today,” he stated.
Section 84(14) of Electoral Act, 2022 says Notwithstanding the provisions of this Act or rules of a political party, an aspirant who complains that any of the provisions of this Act and the guidelines of a political party have not been complied with in the selection or nomination of a candidate of a political party for election, may apply to the Federal High Court for redress.
But, the caveat for candidates is enshrined in 84(13) of the Act which stipulates Where a political party fails to comply with the provisions of this Act in the conduct of its primaries, its candidate for election shall not be included in the election for the particular position in issue.
During a press conference held in Owerri, the coalition called the campaign a “dangerous and shameful display” designed to distract the public from the governor’s performance in office.
The CSOs directly linked the Greater Imo Initiative (GII) —the group that made the allegations on September 4, 2025—to Governor Uzodimma, describing the group as his “mouthpiece and attack dog.”
“Every word spoken against INEC was spoken on his behalf.
“By falsely alleging that Professor Yakubu has an alliance with Dr. Amadi to compromise the 2027 elections, Uzodimma has not only maligned a man of proven integrity but also assaulted the very foundation of our democracy”, said Dr Agbo Frederick, speaking for the coalition.
The coalition described Professor Yakubu as a “beacon of electoral professionalism” and called the attempt to soil his reputation “defamatory and a national security risk.”
They also defended Dr. Amadi, a “respected development scholar,” stating that the governor’s accusations were “laughable, desperate, and dangerous.”
The CSOs see the motive behind the campaign as an attempt to “silence the dissent, intimidate the opposition, and divert attention from the governor’s abysmal record in office.”
The coalition issued four key demands to Governor Uzodimma: An immediate retraction of the false and defamatory allegations against Professor Mahmood Yakubu and Dr. Chima Amadi.
- A public apology to both men within seven days, to be published in at least three national newspapers and broadcast on major television networks.
- An end to diversionary tactics and proxy propaganda.
- A renewed focus on governance, including addressing insecurity, unemployment, and poverty in Imo State.
The CSOs warned that failure to comply would force them to “review our position with a view to seeking legal redress from Governor Uzodimma for defamation, false accusation, and reckless endangerment of lives.”
“Governor Uzodimma must be reminded that he did not find himself in the seat of power to chase shadows.
“We call on all Nigerians to reject Uzodimma’s diversionary antics as they are nothing short of desperate plots by a government terrified of accountability”, the statement concluded.
In a statement signed by its National Publicity Secretary, Mallam Bolaji Abdullahi, the ADC expressed concern that preventing the senator from resuming her legislative duties violates democratic principles and disenfranchises her constituents.
“The suspension, having been imposed by the Senate and not a court of law, has lapsed. Any further attempt to prevent her from resuming is therefore both illegal and morally indefensible,” Mallam Abdullahi said.
The party noted that denying Sen. Akpoti-Uduaghan access to the chamber silences the voice of the people who elected her, adding that the withdrawal of her salary, aides, and office access during the suspension amounted to excessive punishment.
The ADC also criticised the Clerk of the National Assembly for declining to process her resumption on grounds that the matter was before the courts, arguing that the Clerk’s role was administrative, not judicial.
“Administrative caution must not translate into complicity. When the administrative machinery becomes hostage to political interests, the institution itself is diminished,” the party stated.
Highlighting that Sen. Akpoti-Uduaghan is one of only four women in the 109-member Senate, the ADC warned that the handling of the case sends a discouraging signal about gender inclusion in Nigerian politics.
“Any action that resembles gender intimidation of the few women in the Senate would only discourage women’s participation. Nigeria cannot claim to be a democracy while excluding half of its population from key decision-making spaces,” Mallam Abdullahi added.
The ADC insisted that Sen. Akpoti-Uduaghan be allowed to resume her seat immediately, stressing that the matter was about more than one individual.
“What is at stake here is not just one Senate seat, but the integrity of our democracy itself,” the party said.