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

Published

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

Per Ishaq Samaila: “Waziri” for Strategy. “Mai Jama’a” for Service. One Man. One Mission. Ibrahim Kabir Masari

Published

12 hours ago

on

September 10, 2026

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By Abba Anwar

I read with great admiration and clear endorsement the piece by Ishaq Samaila titled “Why President Tinubu Calls Ibrahim Kabir Masari ‘Waziri’ and the First Lady Senator Oluremi Tinubu calls him ‘Mai Jama’a.” It is not only an envelope of precision, it is also the kind of political writing we need more of under the current political atmosphere; thoughtful, measured, and rooted in substance rather than fallacy.

Ishaq Samaila deserves commendation for capturing what many in Abuja understand but few can articulate so clearly. As he rightly noted, “President Bola Ahmed Tinubu describes Alhaji Ibrahim Kabir Masari as his ‘Waziri’ — a traditional title associated with counsel, responsibility, political strategy and service close to leadership. And First Lady Senator Oluremi Tinubu has referred to him as ‘Mai Jama’a’ a Hausa expression meaning “man of the people.”

These are not casual and loosed nicknames. In Samaila’s analysis, they represent “… two defining sides of Masari’s political identity.” I could not agree more. And it is on this premise that I offer this addendum, not to debate, but to amplify and showcase how Masari, the man, embodies every word in that excellent article.

Being “Waziri” in tensed and difficult political atmosphere isn’t a joke. The man, Masari, is an embodiment of Presidential trust, vision for the nation and unwavering loyalty from the former. While the latter maintains a very long standing relationship. He (Masari) is entrusted with the weight of the nation’s political stability. It is to be the calm in the storm, the ear that listens as it sounds musical to it, before decisions are made, and the hand that builds bridges where others see walls and castles in the air.

That is Masari. As Special Adviser to the President on Political and Other Matters, he has operated with a rare combination of discretion, ingenuity, efficiency and effectiveness. At a time when governance requires managing 36 states, 360 federal constituencies, and thousands of political interests, Masari has been the President’s henchman and trusted anchor.

He does not grandstand. He does not seek credit. His work is in the consultations that prevent crises, in the engagements that align stakeholders with the Renewed Hope Agenda, and in the political intelligence that allows leadership to stay ahead of challenges. Also in political sophistication that strengthens presidential ambition through utilization of all options.

This is the modern definition of a Waziri: a man who serves power by serving the country first. President Tinubu, a master political strategist himself, recognized this quality in Masari and brought him closer in strategy and execution. It was not by accident. It was designed long before now. A relationship built over decades and rooted in trust.

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If “Waziri” explains Masari in the Villa, “Mai Jama’a” explains Masari in the villages, in our communities. And this is where his political genius truly shines. This is where he speaks wisdom, freedom and breaks chain of hardship, to stardom, to build a kingdom of service. He is a great leader and mentor who never left ground, grassroot. Hence, he is well grounded and firmer.

The title “Man of the People” is the hardest to earn in Nigerian politics because the people themselves must give it to you. You cannot buy it. You cannot lobby for it. You can only work for it. The title is more or less, achievable and non-replaceable. Masari toiled for it and achieved it.

First Lady’s description speaks to something deeper than politics. It speaks to character and characteristics. To accessibility and creativity. To a man who, despite holding one of the most sensitive political offices in the country, still believes in his people, still attends community events, and still understands the language of the ordinary Nigerian. Hence the initiation of many interventions. To help people become economically independent, culturally creative and politically reliable.

From Katsina to Kano, from party meetings to condolence visits, Masari has maintained what Samaila correctly called “… grassroots orientation and his ability to maintain contact with communities, political supporters and ordinary citizens.” What a reliable political figure. Reliability in its purest form.

He is proof that you can be in the room where national strategy is decided in the morning, and still be on the ground listening to market women and youth leaders in the evening. A balanced political figure, who believes strategy keeps political opponents continuously busy from a position of weakness. That balance is rare. That balance is leadership. That balance is resistance against a non-welfare state.

As Samaila concluded so powerfully, “Tinubu’s ‘Waziri’ is also the First Lady’s ‘Mai Jama’a.’ One description highlights his role around political leadership; the other highlights his connection with the people.”

In today’s Nigeria we need leaders who understand high-level politics but are not imprisoned by it. A clear explanation of President Tinubu’s symbol, a broken chain of slavery. Where poverty of rationality remains in limbo. We need advisers who can navigate complex stakeholder dynamics without losing touch with the pain and aspirations of the people. We need a Waziri who is also Mai Jama’a.

It is absolutely true that Masari depicts this with all that is said in Samaila’s article. He depicts loyalty without sycophancy. He depicts strategy without arrogance. He depicts accessibility without losing authority. The same way he depicts engagement without scarcity.

He is a bridge-builder in an age of division, where weaker opponents misrepresent facts with fictions, vision with illusion, and hope with hype. A stabilizer in an age of noise, who clearly differentiates empty noise from real choices. A public servant who understands that titles are not for decoration, they are for duty. They are for selfless service to humanity.

While I concur with the author in all his submission, let me also join him in celebrating this well-thought and timely piece. It reminds us that in the midst of our national challenges, we still have men and women in government who embody service, humility, and competence.

Alhaji Masari, by all standard, is one of them. The President saw the Waziri in him. The First Lady saw the Mai Jama’a in him. The people are beginning to see both. His interventions to his people is invaluable. His faith in this administration is absolute. His hope is renewed. His effort in renewing people’s hope is rewarding and visibly engaging.

Samaila Bravo for explaining in a more clearer terms, Waziri and Mai Jama’a in Masari. A golden coin of two inseparable sides.

Anwar writes from Kano
Thursday, 10th September, 2026

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Opinion

Fifty Years, Four Terms. A Life Of Enterprise, Scholarship And Public Service-By Abbas Tajuddin

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1 day ago

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September 9, 2026

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Today, I celebrate my colleague and friend, Hon. Abdulmumin Jibrin Kofa, as he attains the golden milestone of 50.

Turning 50 is more than a birthday; it is a moment to pause, reflect and appreciate a journey already rich in accomplishment, service and impact.

Over four terms in the House of Representatives, Abdulmumin has brought to our legislative enterprise a rare combination of intellectual depth, business experience, courage and an unmistakable independence of mind. From his leadership of key committees, including Finance, Appropriations, Land Transport, Foreign Affairs, and Housing and Habitat, his contributions have reflected a strong grasp of public finance and a broad understanding of national affairs.

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He is, without doubt, one of the sharpest minds in our Parliament. His academic accomplishments, including two PhDs and an MBA, his experience in business and academia, his executive education at leading institutions, and his service at the Federal Housing Authority have all contributed to the distinctive perspective he brings to public service.

But beyond the degrees, positions and accomplishments is a man who has never been afraid to speak his mind.

Abdulmumin is forthright. He is courageous. He is independent-minded. And he is never one to hide his convictions.

In a Parliament, such voices matter. A healthy legislature must have room for principled disagreement, robust debate and legislators willing to speak for what they believe is right and in the interest of their constituents.

As you celebrate 50, dear Abdulmumin, I celebrate not only the milestones behind you but also the possibilities ahead.

On behalf of the leadership and the entire membership of the House of Representatives, I wish you good health, renewed strength, greater accomplishments and many more years of impactful service to your constituents and our dear nation.

May the next chapter be even greater than the first five decades.

Happy 50th Birthday, Hon. Abdulmumin Jibrin Kofa.

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Opinion

A FRIEND’S LETTER TO ABDULMUMIN AT FIFTY

Published

2 days ago

on

September 8, 2026

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By Barr. Ismaeel Ahmed, OON

There is a particular privilege in knowing someone before the world decided who they were going to be; before the titles, the cameras, the offices and the public arguments. I have had that privilege with Abdulmumin Jibrin.

I knew Abdulmumin long before most people knew him as they do today, before the National Assembly and before the many chapters of public life that have since defined his name. So, as he turns fifty, I find myself writing not about the Honourable Member for Kiru and Bebeji, but about my friend, my older brother and school father. That distinction has always mattered.

I remember someone whose mind never seemed to rest. Chairman, as we fondly call him, could take an idea everyone else had accepted, turn it around repeatedly, question it from every direction and continue long after the rest of us had become tired of the conversation. I used to tease him about it, and sometimes I still do. But over the years, I have come to understand that this intellectual restlessness is at the very centre of who he is.

It explains the businessman, the teacher, the politician and the scholar who earned a PhD in International Relations and, years later, returned to Bayero University Kano for another in Economics. Chairman has never believed that learning has an end point. He is always searching for the next question and, inevitably, the better answer.

Yet, for all his accomplishments, what I value most about him is something much simpler: his loyalty. He remembers people. He remembers friendships, kindnesses and those who stood with him when there was little to gain from doing so. Beneath the forcefulness that people see in public is a tenderness and generosity that those who know him closely understand very well.

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I have also had the privilege of seeing him through both triumph and adversity. His political journey has had its share of difficult seasons, some of them difficult enough to discourage almost anyone. But Chairman has an extraordinary capacity to return. He reflects, recalibrates and rises again. Not because the fall did not hurt, but because he has always believed that a difficult chapter does not have to be the end of the story.

Perhaps that is one of the most important lessons of his first fifty years. We are not measured by never falling. We are measured by what we learn from the fall and whether we find the courage to rise again.

Another quality I have come to admire is his ability to create room for other people to grow. He does not merely occupy spaces; he opens conversations, shares ideas and encourages those around him to think beyond their immediate circumstances. Many people have benefited from his advice, introductions, encouragement and willingness to challenge them to become better versions of themselves. That influence may not always be visible, but it is one of the lasting marks a person leaves on the lives of others.

He also possesses a rare ability to remain connected to his roots while engaging confidently with the wider world. Whether in the classroom, the boardroom, the political arena or among friends, he carries with him a strong sense of identity and responsibility. His journey has taken him through different institutions and experiences, but it has not separated him from the people, values and community that shaped him. That balance is not easy to maintain, and it is one of the reasons his story continues to resonate with many people.

At fifty, therefore, I am less interested in counting Abdulmumin’s offices, businesses, degrees or political accomplishments. I think instead of the full measure of the man I have known: the businessman who understood risk, the scholar who never stopped learning, the politician who survived both victory and defeat, and the friend who still remembers to call.

Fifty is a beautiful milestone. It gives a man enough road behind him to understand the journey, and, God willing, enough road ahead to decide what he wants the rest of that journey to mean.

My Chairman, I hope the years ahead bring a little more patience to your restlessness and a little more peace to your ambition. Build more. Give more. Mentor more. Forgive quickly, as you have always somehow managed to do. And worry less about who receives the credit. History has its own way of separating noise from substance.

Happy fiftieth birthday, Sir. May the years ahead bring you more wisdom than ambition, more peace than pressure, more purpose than applause, and many more opportunities to give than reasons to receive.

Congrats.

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