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Electoral Act 2022:The Dilemma Of Withdrawal Of Candidates-Abdu Fagge

Published

2 years ago

on

Barrister Abdul Fagge

 

INTRODUCTION:

The Electoral Act, 2022 came into force on the 25th February, 2022 to regulate conduct of Political Parties activities, primaries election, and general Election among others. I commend the National assembly and President Federal Republic of Nigeria for passing and assenting same respectively. The Act provides certain innovations as well as new provisions which can only be clearly and perfectly understood through the instrumentality of Judicial pronouncements.
From 20th August, 2022, when the wind of rumor starts escalating for defection of distinguished Senator Ibrahim Shekarau from NNPP to PDP to the 29th August, 2022 when he formally defected and up to today the 1st of September, 2022, I received and I am still receiving phone calls from some Honourable Attorneys General, the legal practitioners, Excellencies, Right Honorable Members, members of National and State Assemblies, Key Stake Holders of different Political Parties, Politicians, Proprietors of some National dailies and general public seeking my opinion on whether NNPP and PDP can submit names of other candidates to INEC and upon such submission INEC is obliged to accept.
The above nagging question requires not Yes or No answer. In my candid opinion, the answer can only be proffered from x-raying Sections 29(1), 31, 32(1) and 33 of the Electoral Act, 2022 vis-a-vis Section 78 and paragraph 15 of the 3rd Schedule to the 1999 Constitution Federal Republic of Nigeria (as altered) and Section 28(1) of the Electoral Act, 2022, Judicial authorities and other enabling laws.

Relevant Sections of the Electoral Act:

Section 28.—(1) The Commission shall, not later than 360 days before the day appointed for holding of an election under this Act, publish a notice in each State of the Federation and the Federal Capital Territory —

(a) stating the date of the election; and
(b) appointing the place at which nomination papers are to be delivered.

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Section 29.— (1) Every political party shall, not later than 180 days before the date appointed for a general election under this Act, submit to the Commission, in the prescribed Forms, the list of the candidates the party proposes to sponsor at the elections, who must have emerged from valid primaries conducted by the political party.

Section 31. A candidate may withdraw his or her candidature by notice in writing signed by him and delivered personally by the candidate to the political party that nominated him for the election and the political party shall convey such withdrawal to the Commission not later than 90 days to the election.

Section 32(1): the commission shall, at least 150 days before the day of the election, publish by displaying or causing to be displayed at the relevant office or offices of the commission and on the commission’s web site, a statement of the full names and addresses of all candidates standing nominated.

Section 33. A political party shall not be allowed to change or substitute its candidate whose name has been submitted under section 29 of this Act, except in the case of death or withdrawal by the candidate: Provided that in the case of such withdrawal or death of a candidate, the political party affected shall, within 14 days of the occurrence of the event, hold a fresh primary election to produce and submit a fresh candidate to the Commission for the election concerned.

CONSTITUTION FEDERAL REPUBLIC OF NIGERIA 1999 (AS ALTERED):
Section 78. The registration of voters and the conduct of elections shall be subject to the direction and supervision of Independent National Electoral Commission.

From the above cited provisions, INEC has unfettered powers to issue guidelines, time table and schedule of activities for 2023 General Election, and it is on this premise it issued time table, schedule of its activities on the 26th day of February, 2022 to regulate all the political parties activities including last day for replacement of the withdrawn candidates.

2023:INEC Commences Distribution Of Over 77 Thousand PVC’S In Kano

Therefore, I am of the firm view that INEC time table, Guidelines and schedule of activities have same force with any enabling law and they run pari – pasu and all political parties are under obligation to comply with the said Time Table, Guidelines, and schedule of activities and it is in that regard all political parties sold their nomination forms, conducted primaries and forwarded the names of their candidates to INEC all within the stipulated period provided by the time table. The submission above is supported by the case of N.D.P. VS. I.N.E.C. (2012) 14 NWLR Part 1319 at page 176 particularly page 197 para D – F.
“The Time Table is Guideline with force of law; this is because any action taken outside the published time table is fatal to the political party involved. The activities and time schedule set out in the Time Table published are not directory”.

Based on the above decision and other relevant laws cited, it is beyond doubt that INEC Time Table is not an instruction or guide but a command which all Political parties must comply with.

Therefore it is an affront to the established principle of law for political parties to even contemplate substitution or replacement of their candidates after the expiration of the last day provided by INEC in its time table and schedule of activities for 2023 General Election and for INEC to accept such substitution or replacement.

The most amazing part of the Electoral Act which I find most interesting are Sections 31, 32(1) and 33 dealing with withdrawal of candidates, date of final display of candidates and changing candidates respectively. These three sections are key to the issue under discussion and it is against that background I devoted time to carefully and painstakingly read them, and in the end my understanding reveals that there is nowhere the “last day” is stated for replacement or changing of the withdrawn candidate. Section 31 squarely deals with notification of withdrawal to INEC while Section 33 pertains to conduct of Fresh primaries.

The sections of the law were reproduced at pages 1 and 2 for ease of reference.

While rubbing mind on these issues, Two very senior lawyers whom I respect much and are my mentors, principals and still working under them argued that the 90 days period for notification of withdrawal also applies to replacement, I told them that with respect, I’m imbued with contrary position, reason being that had the law makers intended that time to apply for replacement same should have been stated.

Secondly, I asked what if Notice of withdrawal is forwarded to INEC at the anniversary of the 90 days, which is still within the ambit of law for political parties to convey such letter of withdrawal to INEC, can the political parties still organize and conduct primaries to substitute candidate less than 90 days before the day of the general election, because section 31 states categorically that “Not later than 90 days the political parties shall convey such letter of withdrawal to INEC. This will as well give another room to argue that replacement or changing of candidates can be made less than 90 days before the date of the general election on the strength of submission of withdrawal letter at the anniversary of 90 days, because the party needs to arrange and conduct primaries thereafter then the window for replacement cannot be 90 days because section 33 empowered political parties to conduct fresh primaries within 14 days of the occurrence of the event.

It is apparent that drawing 14 days out of 90 days one can safely conclude that it will certainly be less than 90 days. It is a known fact in the entire Electoral Act, there is nowhere the “last day” for replacement of withdrawn candidate is stated.

Lastly, Section 32 (2) of the Electoral Act, 2022 mandates INEC to make final display of Names and Addresses of candidates of political parties at least 150 days before the date of General Election. It is therefore, my understanding that 90 days as contained in section 31 of the Act, cannot by all canon of interpretation be the last day for substitution or replacement of withdrawn candidate, reason being that it run contrary to the intendment of the legislature, and the whole essence of interpretation is to discover the meaning and intendment of the law makers taking the entire provisions in to consideration.

It is long settled principle of law that you cannot import into law that which is not stated. See the Supreme Court decision: in NDOMA EGBA V. CHUKWUOGOR (2004) 6 NWLR Part 869 page 382 particularly page 430 Paras F – H.

“……….There is no doubt that to use the common law principle of presumption of regularity to interpret entrenched constitutional right may be inappropriate. It is however erroneous to read into a clear and unambiguous constitutional provision what its does not embrace. The provision has to be interpreted strictly in accordance with the ordinary meaning of the word use without it being adorned, as it were, with ornamental words not therein to make it attractive to wider interpretation……..”

See also EBOIGBE V. N.N.P.C. (1994) 5 NWLR (Part 347) page 649.

Section 32(1) of the Electoral Act, 2022 mandates INEC to make final publication of full names and addresses of all candidates standing nominated at least 150 days before the election.

It is clear from the above provision that INEC is required to make final publication of candidates in its offices and its website at least 150 days to the election and it was against that background INEC made about two publications in their offices of 36 States, its Headquarters and in its website before the 15th July, 2022 and 12th August, 2022 respectively so as to allow political parties to change and substitute their candidates where necessary before the final day for replacement.

Had the drafters of the Electoral Act, 2022 intended 90 days to be the last day for substitution or replacement they would not have stated at least 150 days to be the last day of final display of names and addresses of candidates in section 32(1).

It is long settled principle of law that to appreciate and have a fuller meaning of the law the statute shall be given community reading rather than isolated reading.

On this principle of law See the Supreme Court Decision in BELLO V. A.G. OYO STATE 1986 5 NWLR part 45 page 828 particularly 832.

“…….. in construing the provisions of an enactment, although it is the particular section that is being considered that should be the primary concern, the whole enactment should be construed as a whole…..”

Flowing from the above, It is palpably wrong to hold the view that political parties can substitute or replace their candidates at least 90 days to the election placing reliance on section 31 of the Electoral Act, 2022.

I have read extensively the Electoral Act, 2022 particularly Section 29, 31, 32, 33 and 34 and I found no clear and unambiguous provisions relating to last day of substitution or replacement of political parties candidate(s) and having no clear and specific date the wordings of the statutes should be given their ordinary meaning.

On this principle of law see OGBEBOR V. DANJUMA (2003) 15 NWLR Part 843 page 403 particularly paras D–G.

“it is the duty of Court to interpret the word of the law makers as used.”

I therefore, have no hesitation in coming to the conclusion that INEC has unfettered power to stipulate in its schedule of activities and Guidelines the last day for substitution/replacement of candidates as issued in its Time Table dated 26th day of February, 2022.

To sum it up I am of the firm view that INEC by section 78 of the 1999 Constitution of the Federal Republic of Nigeria as altered and paragraph 15 of Third schedule to the said Constitution has unfettered power to issue Guidelines, Time Table and Schedule of Activities for 2023 General Election including stipulating last day for replacement or substitution of withdrawn candidate(s) of political parties.

It cannot be right to say that column 6 of INEC Time Table and schedule of Activities for 2023 General Election which fixes 15th July, 2022 as last day for replacement of Presidential and National Assembly Political Parties candidates and 12th of August, 2022 as last day for replacement of Governorship and State Houses of Assembly Political Parties candidates are in conflict with Electoral Act, 2022 or 1999 Constitution of Federal Republic of Nigeria as altered as there is nowhere the last day for replacement is specifically stated either in the Constitution or Electoral Act. Therefore, INEC by Section 78 and Paragraph 15 of 3rd Schedule to the 1999 Constitution of FRN has unfettered Power to organize and direct how the elections shall be conducted and it is on that strength INEC issued the said Time Table. See N.D.P VS. I.N.E.C supra.

Conclusion/Recommendation:

I will now therefore, without much ado answer that the window for replacement or substitution of Political parties’ candidates is deemed closed since the 15th July, 2022 and 12th August, 2022 respectively.

It is therefore, my humble advise that the National Assembly whenever the need arise for making further amendment, the “Last Day” for substitution or replacement of candidate(s) by Political parties be clearly and specifically spelt out in the Act.

Most obliged.

Abdul Adamu Fagge Esq., ACArb.
(Head of Chambers)
BASHIR, NASIRU (SAN) & CO.
(Member, Common Wealth Lawyers Association)
(Former Member National Executive Council Nigerian Bar Association),
(Former Chairman, Nigerian Bar Association, Kano Branch)
08032846588
Abdulfagge57@gmail.com

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Opinion

Kano APC Youth Coalition, Nasir Ja’o’ji and Party Survival

Published

20 hours ago

on

November 21, 2024

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By Abba Anwar

At cursory look of the title of this piece, what readily comes to mind, is the existing relationship between Kano APC Youth Coalition and Nasir Bala Ja’o’ji, in APC realignment process or procedure. This really captures the picture clearly from the surface. But there is more to it.

Kano APC Youth Coalition came into being more as a one-man-show, probably self-styled and crafty moved. But subsequent engagements of the Coalition, proves otherwise. Some people thought, the Coalition came handy canvassing for primary support for some quasi – politicians, unproductive as they appear, who always hide behind the scene and make a cover under good image of the party leadership at all levels.

Many people, including me, thought this Coalition under Adamu Unguwar Gini, would operate in desperation, under the guise of recuperating party youth into one basket for misleading purpose. As some elders, would-be-elders and self – acclaimed elders operate from clandestine position.

For sure the Coalition, prepared before its debut. Party elders, leaders and other stakeholders were contacted for direction and guide. This, I was not told, but I observed. I understand this by looking at its growing process. I equally understood that, the leadership of the Coalition was one time tilted towards particular side of the prism. But experience and good intention, in my view, necessitated for spreading the leadership into all sections of the state.

It is this strategy, among others, that gave individuals like Hon Nasir Bala Ja’o’ji, to see reason in aiding the movement. Though he is the Zonal Leader of the movement, from Kano Central. But his contribution towards having effective and efficient implementation of the core central objectives of the group, that is making the party stronger and domineering at all levels, gives him the courage to be one of the principal stakeholders.

The recently announced donation of Eighty Eight Million Naira (N88m) to the Coalition for the 44 local governments tour and empowerment of 100 people from each local government, says a lot in his enduring commitment to the expansion and making the party strong enough to compete comfortably come 2027, at both state and national elections.

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The proposed local governments tour and empowerment programme scheduled for time to come, is an important pointer to the fact that, this Coalition has very strong and fearless individuals that are ready to sacrifice their time, energy and resources towards political alignment and realignment within the party structure.

People like Musaddique Wada Waziri, Malam Abdussalam Ishaq (Kumbotso), Umar Maiwayo Rimingado, my younger brother Inyass Habibu, Ibrahim Danyaro, Jijitar, Abubakar Indabawa, former Vice Chairman, Warawa, Dini Manchester Kankarofi, Abubakar Aminu, Hon Barwa, Sani Gilashi, Danfillo, Idris Zango, among many others, are playing very critical role in strengthening the grip of the party across the state and the nation at large.

One interesting thing about this combination is, here are important actors, who, for strategic reason, come from all “sides” of the party stalwarts. Party stalwarts because they are the shining stars of the party in the state.

Stars like Deputy Senate President, Barau Jibrin, former Deputy Governor and Gubernatorial Candidate for 2023 election, HE Nasiru Yusuf Gawuna, former Commissioner for Local Governments and Chieftaincy Affairs and Deputy Gubernatorial Candidate for 2023 election, HE Murtala Sule Garo, Hon Abubakar Kabir Bichi, among others.

But all the Stars above lineup behind our Flagship, the National Chairman of the Party, Dr Abdullahi Umar Ganduje, CON.

After critical review of the intention of the Coalition, Nasir Ja’o’ji comes to believe that, this Coalition means well for the party. And should therefore be facelifted, encouraged, guided and supported. After believing that, the Unguwar Gini led group, “… belongs to everybody and does not belong to anybody…”, Ja’o’ji made it compulsory to always give a helping hand to the group. More importantly, since the Coalition means genuine support for the party at all levels.

Let me still insist that, if Ja’o’ji a political appointee under President Tinubu, as a member Governing Council, of the Federal College of Education (Technical), Potiskum, Yobe State, can do this, contributing N88m, I’m sure other political appointees under the same administration can also replicate.

Because supporting Coalition in the same pace and manner, equals to supporting the party, the National Chairman, and President Bola Ahmed Tinubu at the same time. In my view therefore, Ja’o’ji apart from being a pacesetter among all political appointees from Kano, he is genuinely a firm believer of APC programmes and policies.

My appeal is for the National Chairman of the party, Baba Ganduje, and the Tinubu led administration, to kindly see reason for continued support for the Coalition and similar ones across all the 36 states of the federation, including the Federal Capital Territory, Abuja.

As Unguwar Gini model shows in Kano, Coalition of this nature is not taking away any responsibility of party leadership. We can see how harmonious is the relationship between APC Youth Coalition and state leadership of the party, under Prince Abdullahi Abbas. Another pillar of great substance.

Neutrality of this Coalition, in my own understanding, is clearly manifested in how our shining stars give helping hands to the movement. They are eager to give resources and moral support. It is indeed the neutral posture that gives Ja’o’ji the strength to be of that magnitude.

Anwar, was Chief Press Secretary to the former Governor of Kano State, Dr Abdullahi Umar Ganduje and can be reached at fatimanbaba1@gmail.com

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Opinion

Open Letter to the Former Minister of State, Housing and Urban Development

Published

4 days ago

on

November 18, 2024

By

 

Abba Dukawa

As Muslims, we believe in Al-Qadar, the concept of Divine Decree or predestination. This pillar of faith reminds us that everything, good or bad, comes from Allah. We trust in Allah’s wisdom, love, and plan, acknowledging that our lifespan, deeds, and circumstances are recorded in the Lauhul-Mahfuz.

In light of your recent dismissal, I’m concerned that your public statements blaming certain individuals for your removal contradict this fundamental Islamic principle.

You admitted President Bola Tinubu explained your removal was due to the need to balance Kano State’s political representation. Quoting you: “I was surprised, as I wasn’t found guilty of wrongdoing or poor performance… Kano North was overloaded with political officers, hence the need to strike a balance.”

I urge you to reflect on Quran 2:286, “Allah does not burden any human being with more than he is well able to bear,” and Surah Ali ‘Imran, verse 26, “Allah! Possessor of the kingdom, gives the kingdom to whom He will, and takes the kingdom from whom He will.”

Your rise from local government chairman to deputy governor and minister was Allah’s will. Similarly, your dismissal is part of Allah’s plan.

I caution against desperation and blaming others. Instead, trust Allah’s wisdom and providence.

As a Muslim, it’s inconsistent to think anyone can alter Allah’s plan for you. I believe those close to you are misleading you by allowing you to publicly blame others for your dismissal as Minister of State, Housing and Urban Development. It’s unwise to grant interviews after being relieved of duty, as it comes across as desperate—and your media handlers are equally at fault for permitting it.

Why have the rest of the ministers who were equally sacked remained silent? Why are you the only one expressing dismay for being relieved?

Dukawa writes from Abuja and can be reached at abbahydukawa@gmail.com

 

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Opinion

Sokoto:Sen. Wamakko’s 9 Years Of “Poor” Representation In The Senate

Published

4 days ago

on

November 17, 2024

By

 

Sokoto is known for leadership and where religious knowledge is deep-rooted. So, leaders from the Caliphate are well respected and honour by people from other parts of the country. The reason is clear, Sokoto is the seat of Caliphate that produced great leaders and Islamic scholars of high repute.

So, nobody expects less when it comes to leadership in the state, but if you are a keen observer and follower of activities in Nigeria, you would wonder if the Sokoto they are talking about today, have any link with the activities of the great leaders and scholars that were in charge of Sokoto of years back. Certainly, not, because the kind of leadership is not the same, today its political leadership and followers of Nigerian politics know that, the present day politics can’t provide the kind of leadership the Sokoto of the past provided.

Analysts questioned the negative trend ascribed to Sokoto state. They asked several questions including but not limited to how can the great Sokoto state be rated among the educationally backward states in Nigeria? Why should Sokoto be rated among the poorest state in Nigeria? They are worried that it is not acceptable to count Sokoto state among states with negative statistics on child and maternal health; malnutrition should not be an issue in Sokoto. In fact Sokoto should not be among the state that should be faced with insecurity challenges.

But all these and more are prevalent challenges in Sokoto state and this call to question the kind of leadership the political class in the state are providing. For those who are concern about the happenings in the state, are begining to doubt all the positive publicities some top politicians in the state are enjoying for years.

One politician in the state that fortune has smiled on since the inception of this political dispensation in 1999 is Senator Aliyu Magatakarda Wamakko, he has been around for so many years, from the grassroots to the mainstream politics of the state Wamakko has been at the forefront of leadership in the state. He was deputy governor for 7 years, governor for eight years and now Senator for nine years.

Wamakko enjoyed positive publications as a governor and had some landmark achievements ascribed to his name. He was seen as one of the performing governor in the state. Even though critics and analysts have contrary opinions. They said in terms of impact and cost analysis of some of his projects and or their lifespan/durability, Wamakko’s tenure is more of a disservice to the people of Sokoto than a blessing.

To buttress their argument, the critics and analysts, drew the attention of people of Sokoto to compare what his predecessor Sen. Ibrahim Lamido has done in terms of quality, durability and relevance to the general wellbeing of Sokoto people and the plethora of substandard projects Wamakko littered Sokoto with.

They further argued that to assess the quality and sincerity of Wamakko as a leader, his nine years as a senator should be critically scrutinized and the result of the findings be made public for all to judge. According to the analysts, Wamakko has not represented his people well. As a Senator, they said, he has held privileged committees that should be beneficial to the entire Sokoto, but no soul aside members of his inner circle that has benefitted from his senatorship seat.

They explained that the years of neglect of local governments like Gudu, Tangaza, Binji, Silame is the obvious reason why the Lakurawa terrorists group existed in the area for over 8 years unnoticed by the Nigeria government.

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Sokoto North senatorial district comprises of Sokoto North and Sokoto South, Wamakko, Kware, Binji, Silame, Gudu and Tangaza, you go round these local government areas and point to one particular thing the senator has done for members of the senatorial district.

Yes the eastern senatorial district of Sokoto is facing serious security threat in the last seven years, and this has affected socioeconomic activities, which has increased the level of poverty in the region. However, for the last 17 months, things have began to change for better. Purposeful leadership and deliberate actions to change the fact of things can be witnessed.

The purposeful leadership of senator Ibrahim Lamido and deliberate attempt to find a lasting solution to the many challenges affecting the region are so glaring for all to see. For instance, the deliberate investment in education of youth from the region is one sure way of liberating the region from the grip of unscrupulous elements taking advantage of poor level of education in the area to recruit terrorists.

In an unprecedented move and boldness to confront the deep rooted challenges of poor quality of education, Sen. Lamido has sponsored about 50 youth from the zone to study in various fields of human endeavours in India. This is in addition to many interventions in the education sub-sector from the senator, who out concern to the education of youth, declared war against poor education in the region.

This is not happening in any of the senator districts of Sokoto including Sokoto central where Sen. Wamakko spent 9 years representing his constituents in the Red Chamber. It has never happened, it is not happening and I am not sure if there is any plan to do anything like this by the two other senators for the teeming youth in their respective zones. All the eight local government areas of the senatorial district need education intervention including the two metropolitan, but nothing close to this has ever happened. Why won’t Sokoto be rated as educationally backward state when leaders don’t see the need to invest in education of the teeming youth?

Due to the security challenges, Sokoto state is faced with a lot of humanitarian challenges as a result of banditry attacks. And Sen. Lamido has responded well to these challenges. He did not stopped at distribution of relief materials and visitation of victims of banditry attacks, rather engaged in a very robust package of intervention where over a hundred of widows were empowered with N250,000 each to engage in micro and small businesses so as to become self-reliant.

This is done, to facilitate the resuscitation of the economic activities of eastern senatorial district that has suffered from bandits attacks and Sen. Lamido is doing all these from the point of knowledge, that no nation can survive insurrection if it’s people are economically incapacitated.

In the entire nine years of Sen. Wamakko, nobody can provide the record that he has done this kind of gesture. Nobody is talking about giving rice and clothing materials to widows and orphans. Nobody is talking of photoshoot with people who genuinely need humanitarian assistance, but leaders are taking pictures to further exploit people in need of assistance.

Sen. Lamido’s contributions in fighting insecurity in the eastern part of Sokoto if replicated by other senators in the state, nobody would be talking about the Lakurawa terrorists group in Sokoto. Sen. Lamido had from time to time assist communities’ efforts towards ending insecurity. In fact, with permission by the federal security agencies, Sen. Lamido funded the civilian JTF to support the mainstream security personnel in fighting the terrorists operating in the zone. This is in addition to many efforts that can’t be express in black and white due to their sensitive nature all in a bid to restore peace and normalcy in his region.

Such exemplary leadership is lacking in other parts of the state including in Sokoto North, Sokoto South, Gudu Tangaza Binji, Wamakko, Silame and Kware where Senator Wamakko is representing.

Needless to engage in lengthy write up, if Sen. Wamakko in his 9 years did 10% of what Sen. Lamido has done in 17 months in fight insecurity, the Lakurawa terrorists group wouldn’t have penetrated into Nigeria.

The security challenges in the eastern part of Sokoto is receiving the adequate attention of Sen. Lamido. Beside his contributions in fighting banditry, the senator he has equally provided many communities with good drinking water, relief materials and other supports to the Internally Displaced Persons (IDPs) with a view to making their better.

Signed:
Concern Sokoto State Progressive Mind.
Convener

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