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

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4 years ago

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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

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Opinion

The Rise of AI Delusion: A Student’s Perspective on How AI is Reshaping Relationships, Mentorship, and Counselling

Published

9 hours ago

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June 19, 2026

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Modern campus life is undergoing a quiet but profound psychological shift. If you walk into any university hostel or library late at night, you will see students intensely staring at their screens. They are not just scrolling through social media or typing out assignments; many are having deep, highly personal conversations with artificial intelligence. Faced with intense academic pressure, social isolation, and a volatile job market, students are increasingly treating generative AI chatbots not just as functional engines, but as emotional lifelines.

This emerging phenomenon highlights what can be called the “AI Delusion”—the psychological tendency for users to attribute real human consciousness, genuine empathy, and authentic wisdom to automated language models that are simply predicting words based on statistical data. From a student’s perspective, this reliance is quietly reshaping the three foundational pillars of the higher education experience: interpersonal relationships, academic mentorship, and mental health counselling.

First, AI is radically changing the landscape of campus relationships. Loneliness remains a massive hurdle in student environments, prompting many undergraduates to turn to AI companion applications for immediate interaction.

These applications are available 24/7, never judge, and offer a simulated space of comfort. However, the delusion occurs when a student confuses this simulated, one-sided validation with a real, reciprocal relationship. While data on conversational AI shows these tools can temporarily lower perceived feelings of isolation, psychologists confirm they do not resolve structural clinical symptoms. Human relationships are naturally messy. They require conflict resolution, compromise, and mutual vulnerability. By retreating into digital relationships with chatbots, students risk letting their real-world social skills atrophy, making genuine human interaction feel too exhausting to pursue.

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Second, the delusion is altering the nature of academic and career mentorship. Guidance traditionally came from professors, older peers, or university alumni who shared lived experiences, industry networks, and personal failures. Today, students frequently bypass this human network entirely, asking AI to evaluate their skills and map out their professional futures. While generative AI tools excel at formatting resumes or providing structured career advice, they carry a high risk of user over-reliance.

Educators confirm that automated tools fundamentally lack the nuanced relational, situational, and developmental depth that defines authentic human mentorship. Students who depend solely on automated advisors miss out on the critical “hidden curriculum” of professional networking and human intuition that an algorithm simply cannot simulate.

Third, and perhaps most critically, AI is transforming mental health counselling on campus. University wellness centres globally face extreme backlogs, high costs, and institutional bottlenecks, forcing students to look for alternative solutions. Consequently, an increasing number of youth now utilize AI chatbots as standalone “pocket therapists” to process anxiety and trauma. The delusion of the digital counsellor poses serious psychological risks. Large language models do not possess clinical judgment or genuine empathy. Medical experts warn that while evidence-based digital therapy apps can serve as helpful administrative or basic self-help scaffolds between sessions, they cannot substitute for a qualified human therapist. Relying on pattern-recognition robots during a severe psychological crisis can result in superficial coping mechanisms or dangerously isolated coping loops.

Ultimately, analyzing this trend from a student’s perspective reveals that technology must have strict emotional and practical boundaries. AI is an incredible tool for brainstorming, accelerating research, and enhancing productivity, but it becomes a delusion the moment we allow it to replace human depth. If our generation is to thrive in a digital future, we must treat AI as a bicycle for the mind rather than a replacement for the human heart. True growth, emotional resilience, and professional success will always require real human connections, authentic mentors, and real human empathy.

Adeyemi Ige Taiwo Oluwatosin
200-level student, Department of Development and Strategic Communication, University of Abuja.

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Opinion

Question Over Killings, Kidnappings, and Bandit Attacks: What Exactly Will Homeland Security Change?

Published

11 hours ago

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June 19, 2026

By

Abraham Victory

 

By Abraham Victory

When more than forty schoolchildren were abducted during coordinated attacks on schools in Borno in May, Nigerians were reminded of one of the country’s darkest security nightmares: the return of large-scale school kidnappings.

Only weeks later, reports emerged of fresh bandit attacks in Zamfara, where farmers were killed while working on their farmlands. Across parts of Benue and the Middle Belt, communities continued to mourn victims of deadly attacks that left many families displaced and fearful about what tomorrow might bring.

For ordinary Nigerians, these incidents are no longer isolated headlines. They have become symbols of a broader security crisis that has persisted despite the presence of numerous security agencies and repeated government reforms.

It is against this backdrop that President Bola Ahmed Tinubu’s creation of the office of Special Adviser on Homeland Security deserves serious public scrutiny.

The appointment has generated debate among security experts, policymakers, and citizens alike. Supporters argue that Nigeria’s growing internal security challenges require specialised attention. Critics worry that the country may be creating another layer of bureaucracy without addressing the real problem.

The question Nigerians should be asking is straightforward: Would another office have prevented these attacks?

The answer depends on how one understands Nigeria’s security challenge.

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Take the recent school abductions. The issue was not the absence of security institutions. Nigeria already has the military, police, DSS, civil defence, intelligence agencies, and the Office of the National Security Adviser. The challenge was whether intelligence was gathered early enough, shared effectively, and acted upon before the attacks occurred.

The same question applies to the recurring attacks in Benue and the resurgence of bandit activities across the North-West. In many cases, local communities claim warning signs existed before attacks occurred. Yet security responses often arrived after lives had already been lost.

This suggests that Nigeria’s greatest security challenge may not be a shortage of institutions but a shortage of coordination.

The Office of the National Security Adviser was created precisely to address this problem. The NSA coordinates intelligence activities, advises the President on security matters, and facilitates cooperation among agencies. If Homeland Security is established as a parallel structure with overlapping responsibilities, the risk is that coordination problems could become even more complicated rather than less.

Who receives intelligence first? Who coordinates domestic threat responses? Who bears responsibility when security failures occur?

These questions matter because effective security management depends on clear authority and accountability.

None of this means Homeland Security is unnecessary. The recent wave of kidnappings, bandit attacks, and mass killings demonstrates that Nigeria’s internal security challenges require specialised attention. However, specialisation should strengthen coordination, not weaken it.

A Homeland Security structure can add value if it operates under the strategic framework of the National Security Adviser, focusing specifically on domestic threat management, emergency preparedness, critical infrastructure protection, and internal intelligence integration.

What Nigerians need today is not another competition among security institutions. They need a system capable of preventing the next school abduction, stopping the next bandit attack, and protecting the next vulnerable community before tragedy occurs.

The success of Homeland Security will therefore not be measured by the title of the office or the prestige of the appointment.

It will be measured by a far simpler standard: whether fewer children are kidnapped, fewer communities are attacked, and fewer Nigerians lose their lives to insecurity.

That is the question the government must answer, and it is the result Nigerians deserve.

Abraham Victory
Department of Development and Strategic Communication
200 Level
Abuja, Nigeria

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Opinion

The Prophet’s Mosque, Al-Rawdah, and the Inner Peace of the Visitor’s Mind

Published

7 days ago

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June 13, 2026

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By Abubakar Dangambo

Madinah Al-Munawwarah, the radiant city of the Prophet Muhammad (peace be upon him), occupies a unique place in the hearts of Muslims across the world. Located about 450 kilometers from Makkah, it is a city of peace, spirituality, and immense historical significance. For millions of believers, visiting Madinah is not merely a journey; it is the fulfillment of a lifelong dream.

Unlike many great cities of the world that are known for their skyscrapers, industries, or commercial activities, Madinah is known for something far more precious—tranquility. The moment a visitor enters the city, he is greeted by an atmosphere of calmness and serenity that is difficult to describe in words. The city seems to embrace every visitor with a sense of comfort, reminding them that they are walking on land blessed by the presence of the Messenger of Allah (peace be upon him).

At the heart of Madinah stands the magnificent Prophet’s Mosque (Al-Masjid An-Nabawi), one of the holiest sites in Islam. Within its sacred boundaries lies the house of the Prophet Muhammad (peace be upon him), where he spent much of his life and where he is buried alongside his beloved companions, Abu Bakr As-Siddiq (RA) and Umar ibn Al-Khattab (RA).

The first time I entered Madinah and subsequently stepped into the Prophet’s Mosque to observe the Maghrib and Isha prayers, I was overwhelmed with emotion. Words failed me. My eyes filled with tears of joy and gratitude. For years, I had dreamed of visiting this sacred place, and suddenly I found myself standing within its walls.

As I joined thousands of worshippers in prayer, an indescribable feeling settled over me. My mind became calm, my heart found rest, and my entire body felt a comfort unlike anything I had ever experienced. It was as though every burden and worry had been lifted away. The peaceful atmosphere of the mosque, combined with the spiritual presence of the place, created a feeling that remains unforgettable.

Although we arrived in Madinah late at night from Jeddah, I could hardly wait for dawn. Immediately after the Fajr prayer the following morning, I hurried back to the Prophet’s Mosque to visit the resting place of the Prophet Muhammad (peace be upon him) and his noble companions.

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Standing before the sacred chamber was one of the most emotional moments of my life. Tears flowed freely as I thanked Allah Almighty for granting me the opportunity to fulfill a dream I had cherished for many years. I offered my greetings and salutations to the Prophet (peace be upon him), Abu Bakr (RA), and Umar (RA), praying that Allah would count me among those who sincerely love and follow their noble example.

Another unforgettable experience was praying in Al-Rawdah, the blessed area between the Prophet’s pulpit and his house. The Prophet (peace be upon him) described it as a garden from the gardens of Paradise. Every Muslim who enters Al-Rawdah feels a special connection to history, faith, and spirituality. Being in that sacred space filled me with gratitude and humility. I spent those precious moments in prayer, reflection, and remembrance of Allah, thanking Him for His countless blessings.

What makes Madinah even more remarkable is not only its sacred sites but also the character of its people. The residents of Madinah are widely known for their kindness, hospitality, and respect for visitors. Whether in the streets, markets, hotels, or around the mosque, one encounters smiles, warm greetings, and genuine willingness to help.

The hospitality of the people reflects the legacy of the Ansar—the noble residents of Madinah who welcomed the Prophet Muhammad (peace be upon him) and his companions during the Hijrah. That spirit of generosity and care continues to live on in the city today. Visitors from every race, language, and nationality are treated with respect and dignity, making them feel at home despite being far from their own countries.

Walking through the streets of Madinah is itself a memorable experience. The city is remarkably clean, organized, and peaceful. Around the Prophet’s Mosque, worshippers from every corner of the world gather in unity, demonstrating the universal brotherhood of Islam. Despite the diversity of cultures and languages, everyone is united by the same faith and love for Allah and His Messenger.

My stay in Madinah lasted only two days before I departed for Makkah to commence the rites of pilgrimage. Yet those two days remain among the most cherished moments of my life. The joy, comfort, spiritual fulfillment, and inner peace I experienced are memories that can never be erased.

Even now, whenever I reflect on those blessed days, my heart longs to return. Madinah is not simply a city one visits; it is a city that captures the soul. Its beauty lies not only in its buildings or landmarks but in the tranquility it offers, the history it preserves, and the spiritual connection it nurtures.

As I conclude this reflection, I pray that Allah, the Most Merciful, grants me another opportunity to visit Madinah and the Prophet’s Mosque. I also pray that every Muslim who desires to visit the blessed city will one day be granted that privilege.

May Allah continue to shower His peace and blessings upon our beloved Prophet Muhammad (peace be upon him), his family, his companions, and all those who follow his guidance until the Day of Judgment.

Ameen.

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