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Opinion

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

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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.

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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

2027 Election : Kano Speaks, As DSP Barau Promises Victory For Tinubu, Gov Abba

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By Abba Anwar

In Kano politics, definitive statements can only be made by individuals with high caliber, political sophistication, quality skills, strategic positioning, and genuine intentions, who can forecast outcomes. These qualities are visibly evident in the political arithmetic of the Deputy Senate President, His Excellency, Distinguished Senator Barau I Jibrin, CFR, who also doubles as the First Deputy Speaker of the ECOWAS Parliament, asserting his global relevance and influence.

As a show of solidarity and unwavering support for President Bola Ahmed Tinubu, GCFR, and the Governor of Kano State, Abba Kabir Yusuf, ahead 2027 general election, Distinguished Senator said it publicly that, “We are united and focused. Kano… will stand firmly behind President Bola Ahmed Tinubu and Governor Abba Kabir Yusuf. Our structure is intact, and we will work tirelessly to ensure their victories.”

At a stakeholders meeting held at his constituency, Kano North, it was glaring to all, as he mentioned that, “Stakeholders of the All Progressives Congress (APC) in Kano North Senatorial District have reaffirmed their total commitment to delivering overwhelming votes for President Bola Ahmed Tinubu, Governor Abba Kabir Yusuf and the Deputy President of the Senate, Senator Barau I. Jibrin, in the 2027 general elections.”

As stated during the meeting, His Excellency, DSP, appears to be in total support for internal cohesion and mutual understanding between the traditional All Progressives Congress (APC) and Governor Yusuf with his people who recently joined the party. He practically believes that, democracy should first be strengthen within the party structure.

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Hence, the need for tolerance, commitment to party’s survival and development, and above all supporting the state government to reach the promised land.

All indications, from DSP’s recent political engagements in the state, are geared towards politics without bitterness, strong internal structures, promotion of good governance, full blown support for Governor Yusuf and protection of Kano’s interest through the state structures. From state to federal
Bottom to up. And vice versa. In other words, the Distinguished Senator is well positioned to be the flagship of the Governor and the government of Kano State. No two ways about it.

What happened during the event, is a clear indication that, Senator Jibrin is not only a bridge builder between old APC members and the newly recruited ones, into its fold, but a messiah at the same time. To him, all the many years APC members and the newly joined ones, are the same in terms of enjoying political goodies, proper care and management.

He donated 26 cars, 141 motorcycles to 13 Local government Chairmen, Vice Chairmen, Councillors and Secretaries of his Kano North Senatorial District. The donation was witnessed by party leaders, elected officials, and grassroots politicians. Who unanimously put heads together to startle the consolidated unity. While strategizing party survival and continuous dominance as build-up to 2027 elections.

Justifying his donations, he emphasized to the hearing of all that, “Our Chairmen, Vice Chairmen, Councillors, and Secretaries are the engine room of our political structure. Supporting them means strengthening our base. With unity and proper mobilisation, Kano North will deliver landslide votes in 2027.” Assuring same for other two Senatorial Districts, Kano Central and Kano South.

What interests many at the event was when he assured that, “By God’s grace, we will deliver landslide votes for President Tinubu, Governor Abba and all other candidates of our party, APC

Unity, unity and unity, is the slogan of the DSP these days. The slogan was there evidently heard in the past. But in recent time, the slogan becomes more amplified and musically echoed. He always believes that, unity of purpose remains the hardest corridor to electoral victory.

An overwhelming standing ovation filled the air when he appealed all party members, from all sides of the pentagon to crush aside past differences. Urging that, “We need to work collectively, in fact we must work collectively towards a common goal.”

His passion for securing victories for the state and federal governments in 2027 drives him to tirelessly campaign and strengthen support for Governor Yusuf and President Tinubu. He continually promotes, refines, and solidifies this agenda.

Anwar writes from Kano
Sunday, 15th February, 2026

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Opinion

Murtala Ramat Mohammed: Power with a Conscience

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General Murtala Muhammad

 

By Lamara Garba Azare,

There are men who pass through power and there are men who redefine it. Murtala Ramat Mohammed belonged to that rare breed who carried authority lightly and carried conscience heavily. He was a comrade in uniform, a patriot in spirit, a true son of Africa whose love for this nation was not performed for applause but proven through action.

He rose to lead the most populous Black nation on earth, yet power never altered his posture or polluted his character. He remained simple in conduct, measured in speech and humble in lifestyle. He never allowed the office to swallow the man. While others would have embraced sirens and spectacle, he chose restraint. His convoy moved without blaring horns. He obeyed traffic lights like every other citizen. He respected traffic wardens as custodians of public order.

There is that unforgettable moment when a traffic officer, having recognized his car, stopped other motorists to allow him pass. The General was displeased. The warden was punished for denying other road users their right of way, and his driver was sternly warned for attempting to move against traffic. In that simple but powerful incident, he taught a nation that no one is above the law, not even the Head of State. Leadership for him was not exemption from rules but submission to them.

His humility went even deeper. Often, dressed in private attire, he would visit markets quietly, blending into the crowd to ask about the prices of food and daily commodities. He wanted to feel the pulse of ordinary Nigerians. He wanted to understand how families were coping. He believed policies should not be crafted from distant offices alone but from lived realities. That simple habit revealed a leader who listened before he acted and who measured governance by the condition of the common man.

When he assumed power in 1975, he did so without plunging the country into bloodshed. In a continent where coups often left painful scars, his intervention was swift and calculated, aimed at correcting a drift rather than destroying the state. It reflected firmness guided by restraint. He was a soldier, yes, but one who understood that strength without humanity is weakness in disguise.

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In barely six months, he moved with urgency that startled the establishment. Files that once gathered dust began to move. Decisions were taken with clarity. He restructured the civil service in a bold attempt to restore efficiency and discipline. He initiated the process that led to the relocation of the capital to Abuja, a decision born of foresight and national balance. He confronted corruption without apology and made it clear that public office was a trust to be guarded, not an opportunity to be exploited.

His voice on the continental stage was equally resolute. When he declared that Africa has come of age, he was not uttering rhetoric. He was announcing a shift in posture. Nigeria under his watch stood firm in support of liberation movements and insisted on African dignity in global affairs. He believed that this continent deserved respect earned through courage and self confidence.

Then, just as the nation began to feel the rhythm of disciplined governance, tragedy struck on February 13, 1976. Bullets interrupted a vision. A country stood still in shock. Africa mourned one of its brightest sons. He had ruled for only a short season, yet the weight of his impact surpassed the length of his tenure.

Perhaps if he had remained longer, Nigeria would have charted a different course. Perhaps institutions would have grown around principle rather than convenience. Perhaps accountability would have become culture rather than campaign language. We can only imagine. But what cannot be imagined away is the moral clarity he represented.

Today, when citizens speak about abandoned ideals and weakened standards, his memory returns like a measuring rod. When convoys roar past traffic lights with entitlement, his quiet obedience becomes a silent rebuke. When policies lose touch with the marketplace realities of ordinary people, we remember the Head of State who walked into markets in simple clothes to ask the price of garri and rice.

He was not perfect, but he was purposeful. He did not govern to decorate history books. He governed to correct a nation. He detested corruption because he understood the damage it inflicts on the weakest citizens. He valued humility because he knew that power is fleeting but accountability before Almighty Allah is eternal.

Nigeria lost more than a leader. Africa lost a rare gem whose patriotism was sincere and whose heart beat for the dignity of his people. We pray that Allah grants Murtala Ramat Mohammed Aljannatul Firdaus and illuminates his resting place. We pray that his sacrifices count for him in the hereafter. And we pray that Nigeria rediscovers the discipline, courage and sincerity that defined his brief but remarkable stewardship.

Some leaders occupy office. Others transform it. Murtala Ramat Mohammed transformed it. His six months continue to echo across five decades because they were anchored in conviction and service.

Until Nigeria fully embraces integrity in leadership, until Africa truly stands in the maturity he proclaimed, his story will remain both our inspiration and our challenge. His life reminds us that greatness is not measured by duration in power but by depth of impact, not by noise but by noble action, not by privilege but by principle.

He came, he led, and though he left too soon, he still speaks through the standard he set.

Lamara Garba Azare, a veteran journalist writes from Kano

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Opinion

Kwankwaso/US Congress And The Jow Jow With Jungle Justice-Bala Ibrahim

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Head Of Kwankwasiyya Movement and former Governor of Kano,Engineer Rabiu Musa Kwankwaso

 

By Bala Ibrahim.

The ambition of the justice system, as highlighted in the law books I read, is to maintain social order and public safety by enforcing laws, upholding the rule of law, and resolving conflicts fairly. It acts to protect individual rights, provide justice for victims, punish offenders, and rehabilitate criminals to prevent future offenses. I am not a lawyer, but having practiced journalism for decades, I am very conversant with the meaning of the word, fair. Fair hearing, fair trial, fair presumption and fairness in the resolution of conflicts. By my understanding, the best process of resolving conflicts should involve peace or peaceful and mutually satisfactory solutions, through listening to the parties and negotiating with them in order to find a comprise or address the root causes of the problem. Ultimately, and without engaging in emotion, the goal is to reach a solution that satisfies all parties. That way, you arrive at a “win-win” situation, thereby avoiding conflict.

America’s status, as the beacon of human rights, justice and democracy, is being contested, because of its regular prioritisation of interests over values. This deliberate bias of interest is making the meaning of fairness ridiculous. And by extension, putting a question mark on the historically projected position of the United States, as the beacon of justice and fair play. As I write this article, some American lawmakers have introduced a bill to the US Congress, seeking to impose sanctions on the former Governor of Kano state and former Minister of Defence, Sen. Rabiu Kwankwaso, over allegations of violations of religious freedom. To the best of my knowledge, no one made attempt to hear from Kwankwaso. According to the provisions of the bill, Kwankwaso is identified as one of the individuals contributing to systemic religious “persecution of Christians that has persisted” in Nigeria.

Let me start by putting the records straight. I am not a supporter of Kwankwaso. We belong to different political parties and we have differences in ideological beliefs. But our differences not withstanding, I am totally in disagreement with the position of those behind the bill that is seeking to sanction him. It is wrong, very wrong and brazenly in conflict with the meaning of fairness. Even the local and international observers of events that are unfolding in Nigeria, would vehemently disagree with that claim. Kwankwaso can be crucified for some sins, political sins, but to implicate him in religious persecution is not only ridiculous but loudly laughable. Anyone familiar with Kwankwaso, knows that he doesn’t belong to the class of people engaged in religious fanatism. Far from that. It is probably an attempt by the powerful, to give the powerless a bad name, in order to hang him. And that smells like a jow jow with jungle justice, I think.

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It reminds me of that old book, written by George Orwell, called the Animal Farm. The famous line from the book says, “All animals are equal, but some animals are more equal than others.” For some reasons, today, America is acting like a country that is in the script of George Orwell’s Animal Farm. The Animal Farm was written based on the Russian Revolution concept, by showing how those in power can be corrupt and how they can oppress the people they’re supposed to help. In todays world, the “Almighty” America is playing the bully, by hurting or attempting to hurt or frighten, some people or countries, so as to force them to do something that they do not want to do. Nigeria has since fallen into the category of those victims. And now, attempt is being made to unjustly, add the name of Kwankwaso.

It is heartening to hear that his movement, the Kwankwasiyya movement, through the NNPP’s National Publicity Secretary, Ladipo Johnson, had issued a statement, describing the whole thing as a blackmail. “The months before the latest development, Kwankwaso had openly reacted when President Donald Trump re-designated Nigeria as a Country of Particular Concern over alleged religious persecution. Kwankwaso cautioned against what he described as oversimplified characterizations of Nigeria’s internal challenges. Kwankwaso stated that it was important to emphasize that our country is a sovereign nation whose people face different threats from outlaws across the country.”-Johnson.

Indeed America is acting according to the 7 rules in the Animal Farm, which goes thus:
1. Whatever goes upon two legs is an enemy.
2 Whatever goes upon four legs, or has wings, is a friend.
3.No animal shall wear clothes.
4.No animal shall sleep in a bed.
5.No animal shall drink alcohol.
6.No animal shall kill any other animal.
7.All animals are equal, BUT some animals are more equal than others.

I cant talk about MACBAN and the two others, whose names appeared alongside that of Kwankwaso, but despite my political disagreement with him, I can attest to the religious tolerance of Eng. Rabiu Musa Kwankwaso. So, the US Congrees men should put on their thinking caps, and know that the name to put in there, is not Kwankwaso.

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