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had won the re-run initially won by Obongemem Ekperikpe Ekpo who reliable sources confided in The Tide source had withdrawn for Akpabio in line with the provision of the Electoral Act, 2022.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.