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had won the re-run initially won by Obongemem Ekperikpe Ekpo who reliable sources confided in The Tide source had withdrawn for Akpabio in line with the provision of the Electoral Act, 2022.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.
The Rivers contest is expected to draw heightened attention in the oil-rich state, as political actors position for influence in a district long regarded as strategic to the balance of power in Rivers State.
INEC disclosed that the by-elections will hold concurrently with the Ekiti State governorship election, underscoring what promises to be a politically charged day across several parts of the country.
Beyond Rivers, the electoral body listed other affected constituencies to include Nasarawa North Senatorial District, Dawakin Kudu/Warawa Federal Constituency in Kano State, Ondo South Senatorial District, and Enugu North Senatorial District.
The vacancies, according to INEC, arose from a combination of deaths, resignation, and other constitutional developments. In Nasarawa, the demise of Senator Godiya Akwashika has left a gap in a district considered a stronghold of the All Progressives Congress (APC). In Enugu, the passing of Senator Okey Ezea has set the stage for a competitive race in the South-East.
Similarly, the Ondo South seat became vacant following the resignation of Senator Jimoh Ibrahim, who now serves as Nigeria’s Permanent Representative to the United Nations, while the Dawakin Kudu/Warawa seat in Kano opened up after the death of Hon. Muhammad Danjuma Hassan.
Analysts say the Rivers South-East by-election, in particular, could reshape political alignments in the state, as parties jostle to fill the void left by Sen. Mpigi and consolidate their foothold ahead of future electoral contests.
Stakeholder from Bayelsa East Senatorial District, on Monday, endorsed the incumbent Senator representing them to run for a second term.
Leading the stakeholders, the former Commissioner for Culture and Tourism and Special Adviser to Governor Douye Diri on Political Affairs (iii), Dr Iti Orugbani, said the reason for the endorsement was based on the federal lawmaker’s trajectory of good deeds and massive execution of projects across communities of the Senatorial district.
Dr Orugbani highlighted some of the projects to include landing jetties, telecommunication masts and town halls amongst others, noting that Sen. Agadaga’s performance has exceeded those of others who hitherto represented the oil rich area.
Bayelsa East Senatorial District comprises Ogbia, Brass and Nembe Local Government Areas of the State.
The Governor’s aide who called on the State’s Eastern political enclave to respect the 2022 new zoning agreement, which guaranteed second term for Senators from the District, stressed the need for political tolerance and peace in the forthcoming 2027 polls.
“In 2022 the leaders and stakeholders across party lines from Bayelsa East held a meeting and altered the old single term for Senators from the district’s agreement and signed that begining from 2023 any Senator emerging from the district must serve for a minimum of two terms.
“In 2023, Senator Biobarakuma Degi-Eremienyo, then an incumbent Senator representing the Senatorial district under the platform of the All Progressives Congress (APC) was given a second term ticket by the party. Though he lost to the PDP.
“Now that the entire state is now APC and the District has an APC Senator in the person of Benson Agadaga from Ogbia LGA, why not also give him a second tenure?
“The stakeholders in 2022 changed the old political agreement because they saw that it wasn’t beneficial to the district any longer. And so, because it was Ogbia Local Government Area that started the old zoning arrangement by producing the first Senator in 1999, I want to plead that let Ogbia also begin the new two terms zoning agreement”, he said.
Also speaking, the duo of woman leader of a support group, ‘Agadema Women’, Mrs. Owadaba Jokori and the Information Officer of the Ijaw Youths Council (IYC), Central Zone, Comrade Ikio, stated that the incumbent Senator has done well for the district in the past three years that he has been in office.
They lauded the federal lawmaker for his infrastructure projects, especially the construction of landing jetties in select communities of the three local government areas of the district, commending stakeholders for supporting the lawmaker in his second term bid.
In his remarks, Senator Agadaga thanked the stakeholders for the confidence reposed in him and the endorsements he has received lately from constituents and admirers across political parties.
The lawmaker noted that within the past three years that he has been Senator, he has delivered dividends of democracy to his constituents across the Senatorial District, emphasizing that the call for him to be senator from the Brass Senatorial District came to him as a surprise, noting that he accepted the clarion call when the clamour became so loud.
“I was Chief of Staff to the State Governor, Senator Douye Diri, when various groups from the zone came calling on me to contest the 2023 Senatorial polls.
“Ever since winning the elections as a senator, I’ve continued to deliver on my mandate in both representation, lawmaking, oversight, project execution and support for constituents when called upon. And I shall continue to do more if elected for a second term”, the Senator said.
By Ariwera Ibibo-Howells, Yenagoa
Justice Peter Lifu of the Federal High Court in Abuja has set May 15 as deadline for definite hearing in a suit filed by a lawyer, Johnmary Jideobi, seeking to stop former President Goodluck Jonathan from contesting the 2027 presidential election.
The judge on Monday shifted the hearing date following the absence of the plaintiff, Mr Jideobi, and his lawyer in court without any information.
Apart from the absence of the plaintiff, who is a legal practitioner, the Independent National Electoral Commission (INEC) and the Attorney General of the Federation (AGF) and Minister of Justice, who are 2nd and 3rd defendants in the matter, were also not in court.
Following the absence of the plaintiff and the two defendants, Chris Uche, SAN, representing Dr Jonathan, applied to the court to strike out the suit for lack of diligent prosecution.
Having joined issues with each other, Mr Uche said, the suit is liable for dismissal with a N5 million cost to be awarded against the plaintiff and payable to Dr Jonathan.
He argued that from all indications, the plaintiff has abandoned the suit and ran away upon sighting the preliminary objections raised against the suit, adding that the court is a busy place and not for unserious matters.
Justice Lifu, however, noted that there was no evidence of service of hearing notice on INEC and AGF to appear in court for the suit, adding that lack of service of hearing notice is fundamental.
The judge said rather than striking out the suit, he prefers to bend backward to accommodate the plaintiff and the two defendants for the last time.
While adjourning the matter to May 15, Justice Lifu ordered that hearing notice be served on the plaintiff and the 2nd and 3rd defendants who were not in court on Monday.
The plaintiff, Mr Jideobi, had filed the case seeking an order to restrain Dr Jonathan from presenting himself to any political party as an aspirant for the 2027 election.
He is also asking the court to stop INEC from accepting, processing or publishing Dr Jonathan’s name as a presidential candidate.
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