Opinion

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

Published

3 years ago

September 8, 2022

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.

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

Opinion

Political Juggernaut And Stabilizer Of Reckon

Published

1 day ago

January 27, 2026

Nigerian Tracker

Dan Sa’idu Mamman Gaya

The ongoing political shake-up navigating the Kano’s political atmosphere will ultimately lead to alignment and realignment of political forces. Positions, both elective and appointive will be adjusted to align with the new coalition. This is with a view to striking balance, provide the necessary shocks to accommodate members of the ruling Al Progressives Congress (APC).
Since the news of resignation of Governor Abba Kabir Yusuf from New Nigeria Peoples Party (NNPP) broke, the political atmosphere in Kano state has been tensed and filled with high degree of uncertainty which has led to the sharp division of the Kwankwasiyya movement into those in favour of the impending defection of the Governor to All Progressives Congress (APC), led by key confidants of the Governor and those oppose to the move led by the leader of the Kwankwasiyya movement, Senator Rabi’u Musa Kwankwaso.
Naturally, when there is such a political development, positions are likely to be affected and realigned to suit the desired political stability and balance. In the instant case of the defection of Governor Yusuf from NNPP to the APC, which triggered division among the Kwankwasiyya adherents, there are indications that the office of the Deputy Governor might ultimately become vacant owing to the adamant posture of the current occupier of the office, Comrade Aminu Abdulsalam who apparently pitch tent with those that are opposed to the defection of the Governor. The likely thing to happen with the eventual vacation of the office by the Deputy Governor either voluntarily or to be consumed by the consequential political adjustment, the realignment will create a vacant deputy governor’s position.
The governor’s defection may lead to the impeachment of the deputy governor at worst, or he might decide to follow the path of honour by resigning the position.

In the event of the eventual Deputy Governor’s exit, the task of replacement becomes a priority and a matter of serious consideration for political stability and balance of power in the state. In this regard, the process of choosing a new Deputy Governor must be matched with the necessary tact and strategy and forward thinking. Already, there are schemings and discreet moves by interested individuals and groups that are promoting certain individuals to replace the Deputy Governor in his eventual exit as the number two citizen of the state.
Among the frontrunners for the replacement of the Deputy Governor is a former Commissioner for Local Government, Honourable Murtala Sule Garo whose choice is seen as most strategic, suitable, appropriate, right and apt for stability and balance of the Abba Kabir Yusuf government and political structure. Those who favour Honourable Murtala Sule Garo to emerge as the next Deputy Governor hinged their argument on some sterling qualities of Honourable Garo among which include his strong political structure that cuts across the entire length and breadth of Kano State. Loyalty and commitment as displayed in his previous assignments both as Local Government Chairman and later Commissioner for Local Government has made him the best option so far. Honourable Garo’s political influence came to the fore when he aspired for Kano Governorship in 2023 where his political strength, doggedness, dexterity and spread made him to secure the Deputy Governorship ticket of the All Progressive Congress (APC) after the party primaries, owing to the fact that he was a force to reckon with since APC was deeply committed and determined to win the governorship election.
Those behind the moves for the emergence of Honourable Sule Garo as the next Deputy Governor are of the view that fairness, justice and equity are essential components of democracy hence maintaining the Deputy Governorship seat in Kano North Senatorial district where Honourable Garo hails from will solidify the support base of the APC and by extension that of the Governor. This is even more so, as the zone has always been a stronghold of the APC. The APC has maintained control of the Kano north senatorial district even in the face of the NNPP’s 2023 winning streak that swept across the entire Kano’s political landscape. Unarguably, Honourable Garo’s unmatched influence and strong political grip in the Kano North remains the secret of the continuous relevance and dominance of the APC in the zone, hence his choice as the next Deputy Governor will ultimately solidify APC in the zone and better prepare Governor Abba Kabir Yusuf for a smooth return to Government House come 2027. A word is enough for the wise.

Mamman contributes this piece from Kaduna.

Opinion

Why Garo Deserves Deputy Governor Position Under Kano’s New Political Equation

Published

1 day ago

January 27, 2026

Nigerian Tracker

By Najeebullah Ibrahim Soron Dinki

As Kano State witnesses renewed political realignment and coalition-building, attention is increasingly shifting from slogans to substance.
At the heart of this transition lies a crucial question; as the current Deputy Governor, Comrade Aminu Abdulsalam Gwarzo who stick to NNPP bow out, while the Governor, Alhaji Abba Kabir Yusuf defect to APC. What is it likely to happen to the vacant deputy governor’s position when he finally vacate the seat? Who among the political figures will Governor Abba choose to replace him and equally fly the ticket with him in his second term bid?
A politician that can fit in and eventually complement the governor, must be a person with credibility, balance, and grassroots strength. He must be the best bet for this position. In this unfolding conversation, Murtala Sule Garo emerges as a compelling and strategic choice for the Deputy Governor position.

Kano politics has always been decided from the bottom up. Elections are however not won in conference rooms alone but at polling units, wards, and local government areas. This reality places a premium on leaders with authentic grassroots connections—leaders who understand the language, needs, and aspirations of ordinary people. Garo’s political journey reflects precisely this grounding.

Unlike many whose influence is limited to elite circles, Murtala Sule Garo’s relevance has been forged through sustained engagement with grassroots structures. His political capital is built on trust, loyalty, and accessibility. These are not abstract virtues; they translate directly into mobilization, trust, and electoral resilience—assets any serious coalition must prioritize.

Beyond grassroots appeal, Garo brings valuable experience in public service and political administration. The office of Deputy Governor demands more than ceremonial presence. It requires a steady hand capable of managing sensitive political relationships, coordinating government priorities, and serving as a reliable bridge between leadership and the people. Garo’s background positions him to perform this role with competence and restraint.

Coalition politics, by nature, thrives on inclusion and unity. Kano’s emerging coalition must accommodate diverse interests, heal divisions, and project stability. Garo’s ability to maintain cordial relationships across political lines marks him out as a consensus builder, not a polarizing figure. In a state as politically vibrant as Kano, this quality is indispensable.

Electorally, the value of a deputy governorship candidate lies in added strength, not symbolic balance alone. Garo’s extensive grassroots networks, youth engagement, and familiarity with local political dynamics give the coalition an edge where it matters most—on election day.

In the final analysis, the Deputy Governor’s slot should reinforce credibility, expand reach, and stabilize governance. Murtala Sule Garo represents a blend of grassroots legitimacy, political maturity, and unifying potential. For a coalition seeking victory and effective governance in Kano State, his candidacy deserves serious consideration.

As Kano stands at the threshold of a new political chapter, choices made today will shape governance tomorrow. Selecting leaders rooted in the people remains the surest path forward. In this regard, the cap fits Hon. Murtala Sule Garo.

Najibullah Wrote from Kaduna

Opinion

Taming Insecurity in Kano : As DSP Barau Visits Troops, Launches Grand Empowerment in Kano North

Published

2 days ago

January 26, 2026

Nigerian Tracker

Taming Insecurity in Kano : As DSP Barau Visits Troops, Launches Grand Empowerment in Kano North

By Abba Anwar

It takes a patriotic and humane political leader, to visit joint troops in their camps, that are placed to crush bandits on one hand. And to start implementing a round – year grand empowerment programme for his immediate constituency, on the other hand.

To boost the morale of our joint security troops, including soldiers, police and civil defence operatives, that were deployed to four various camps in Gwarzo, Shanono and Tsanyawa local government areas of Kano North Senatorial District, the Deputy Senate President Distinguished Senator Barau I Jibrin, CFR, paid them special visits to their various camps.

The troops were sent on the swift response by President Bola Ahmed Tinubu, GCFR, over the quick request by DSP Barau, concerning recent bandits’ incursion in the aforementioned local government areas, within the parameters of the DSP’s Senatorial constituency. The bandits started attacking some border communities from the neighboring states.

In all the four camps he visited, he interacted with the troops directly, assuring them of President Tinubu’s unwavering support to successfully crush marauding criminals. Ensuring that, he would also do everything humanly possible to see to their victorious accomplishment of their national assignment. To gallantly crush the bandits.

At Lakwaya camp, in Gwarzo local government, he narrated how he reported the incidents of bandits’ incursion, immediately after they stroke, to the President. He disclosed that, “When that happened (bandits’ incursion), we talked to Mr President. For the reason that, it was something that had to do with the security of land, we didn’t come out and say what exactly we were doing to get rid of those bunch of criminals.”

To reveal how President Tinubu was concerned with the situation, as he does to all other parts of the country, DSP said, “Our dear President, acted swiftly by giving directives to all heads of security agencies in the country to quickly respond. To rescue the situation. The result is the presence of these security personnel. Whom I encouraged to make sure they crush those bandits. I know our troops are capable of doing that.”

At some points during the visits, he addressed the affected communities in the presence of the troops. Which also serves as improving security – civilians relations. One of the best security strategies even in modern day security system. As he called on the communities to always support and cooperate with the security agencies with necessary intelligence and prayers.

To keep the momentum of the troops’ patriotism with gallant engagement and committed determination, he said, “Since you arrived in this area, you have been doing all you can to restore peace and tranquillity to our people. I’m here to thank you for putting your lives on the line to ensure our people live in peace and tranquillity. On behalf of the people of this area, the people of Kano North Senatorial District, and Kano State at large, we thank you for your efforts to safeguard the lives of our people.”

Because of the dire need in him, to see to peaceful communities, that started feeling unsafe few weeks back, he insisted to the troops, across the four different locations that, “Please go after these people who don’t want peace in our land, the bandits who are terrorising our people. Chase them wherever they are and flush them out of this area and indeed the entire area. We are hopeful you will be able to do so!

The visits were absolutely commendable and were described as patriotism at its peak. To the extent that, he, the Distinguished Senator inspected a parade by the troops, led by the JTF Commander in Gwarzo, Lt Abdullahi Sadiq. That he did in the company of the Garrison Commander of the 3 Brigade of the Nigerian Army, Kano, Lieutenant Colonel I. Ekoh and other top brass of the security agencies.

Understanding the application of force with the locals’ support, he equally believes that, an honest empowerment initiative would make local recruitment impossible, as preventive measure, against expansion of bandits’ influence. Hence the coming on board of Grand Empowerment programme across his constituency, Kano North Senatorial District.

The day he slated, yesterday Sunday, for troops visits, two of his closest Aides, Shitu Madaki Kunchi
Special Assistant Media and Publicity and Prof. Muhammad Ibn Abdullah, Chief of Staff, kick-started the Grand Empowerment programme in Dawakin Tofa local government.

Grant of One Hundred Thousand Naira (N100,000) was given to each of the selected 100 people. As the remaining local governments from the zone, will get the same grants for the same number of potential beneficiaries. The exercise continues for 12 months. A round-year engagement of beneficiaries.

Across the 13 local governments from his constituency, Kano North, a total number of 1,300 people will benefit from the programme for each month of the year. At N100,000 only per individual beneficiary. Meaning, 18,000 people are set to benefit from this arrangement, for Kano North alone.

Shitu reiterated to all, during the flag-off event, that, the same arrangement would be on board for Kano Central zone and Kano South zone respectively. The total number of beneficiaries per zone is to be determined by the number of local governments in each Senatorial District.

As rightly pointed out by Shitu, part of the DSP’s strategy in finding a some lasting solutions to insecurity experiences, is to properly and productively engage citizens of different age categories, in the empowerment programme. Most of the beneficiaries, who were able to meet Shitu at the occasion, gave him strong worded promise, to convey to the Deputy Senate President, that, they would give all the needed support and cooperation for the security and development of their areas, Kano state and the nation at large.

As part of the package for the grand empowerment the Distinguished Senator sets aside 130 vehicles to be distributed to transport associations to boost transport system in his constituency. As he set aside1,000
motorcycles for riders, teachers and students. As part of the programme.

Not only that, he included in the effort, SME tools for our youth and women. With this distribution a total number of 1,300 sewing machines, 1,300 grinding machines, 1,300 deep‑freezers and 1,300 noodle‑making machines with flour, plus 1,300 bicycles for school kids, are provided, as events for this category is by the doorstep. Another platform for security booster in his constituency.

Making the minds of our youth, so much engaging in both business and sports, so as to divert their, near-idle minds, or restless minds at best, makes part of the shopping list for the Senator’s workable interventions in weakening any process or would – be-process of attracting such minds to crimes and violence.

It is under this, he included, as part of the community engagement, provision of jerseys and footballs to football teams across his constituency. Before coming down to Kano Central and Kano South Senatorial Zones. Under this engagement, jerseys and footballs for 1,950 teams (150 teams per LGA), are already on ground for distribution.

Anwar writes from Kano
Monday, 26th January, 2026