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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

Arewa Media Summit:A Political Jamboree-Tijjani Sarki 

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By Tijjani Sarki

The recently concluded Arewa Media Summit in Kano was presented as a platform to redefine the role of the media in Northern Nigeria. From my observation, however, it fell short of the expectations of a summit and looked more like a political jomboree than a strategic forum for regional renewal.

A summit that claims to speak for Arewa should reflect the diversity of the region’s media ecosystem by bringing together journalists, editors, broadcasters, communication strategists, digital influencers, academics, policymakers and development partners. My observation is that many of these critical voices were either missing or insufficiently represented, giving the event the appearance of a gathering of familiar faces rather than the North’s broad media constituency.

Another observation is that no communiqué or clear resolutions emerged in the public domain after the event. If a summit ends without publicly outlining its decisions, implementation framework or policy direction, it becomes difficult to measure its value beyond the speeches and photographs.

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I also observed concerns that the Honourable Commissioners of Information and Internal Affairs from the Northern states, particularly Kano State’s Comrade Ibrahim Abdullahi Waiya the host state, were not visibly integrated into the programme. If that perception is accurate, it represents a missed opportunity to build a truly inclusive regional media agenda.

Politically, this was also a missed opportunity to provide an inclusive platform for constructive engagement on national issues, including the policies of President Bola Ahmed Tinubu’s administration. Genuine dialogue requires broad participation, not selective representation.

Arewa deserves a media summit defined by vision, inclusiveness, measurable outcomes and institutional credibility, not by optics alone. Until those elements become evident, many will continue to question whether the gathering advanced the North’s aspirations or merely added another event to the calendar.

Tijjani Sarki
Good Governance Advocate and Public Policy Analyst
Can be reach via responsivecitizensinitiative@gmail.com

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Opinion

Allocations Triple, Yet Hardship Deepens Across Nigeria

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Despite a dramatic increase in federal allocations to states and local governments in recent years, millions of Nigerians continue to grapple with worsening poverty, inflation and a declining standard of living.

Across markets, offices, motor parks and homes, many citizens say the rising government revenues have done little to improve their daily realities. While states now receive significantly higher allocations through the Federation Account Allocation Committee (FAAC), families are struggling to afford food, transportation, housing and healthcare.

The growing concern has raised questions about how public funds are being managed and whether the benefits of economic reforms are reaching ordinary Nigerians.

The Rise In FAAC Allocations

Over the years, allocations from the Federation Account have steadily increased. In May 2022, FAAC shared N680.78 billion among the three tiers of government, representing a 6.94 per cent increase over the previous month. By July 2022, the amount had risen to N954.1 billion, while N990.19 billion was shared in December 2022.

The trend continued after the removal of fuel subsidy and the floating of the naira in May 2023. According to available data, the 36 states collectively received N3.35 trillion in 2022. By 2025, that figure had increased to N8.19 trillion, nearly tripling within three years.

Several states recorded substantial increases:

– Kano State: N99.31 billion in 2022 to N279.69 billion in 2025-

– Lagos State: N161.29 billion to N531.51 billion

– Taraba State: N51.74 billion to N157.56 billion

– Zamfara State: N56.62 billion to N167.20 billion

– Kogi State: N60.78 billion to N176.24 billion

– Akwa Ibom State: N314.18 billion to N497.98 billion

In March 2026 alone, FAAC distributed N2.04 trillion among the federal, state and local governments, reflecting a further increase in government revenue.

Analysts attribute the growth to tax reforms, improved revenue collection by agencies such as the Federal Inland Revenue Service (FIRS), higher crude oil earnings and policy changes directing more revenue into the Federation Account.

A Different Reality for Nigerians

While government revenues continue to rise, many Nigerians say their living conditions are moving in the opposite direction.

In Kano, civil servant Musa Abdullahi says his monthly salary can no longer sustain his family.

“Food prices have doubled. We hear that allocations are increasing, but we are not seeing the impact in our daily lives,” he said.

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For traders, the story is much the same. Zainab Sani, a petty trader, said customers now buy less because household incomes have been stretched beyond their limits.

In Lagos, many families have been forced to make difficult adjustments. Dayo Oluwa, a resident, explained that items such as meat and fish have become luxury goods in many homes.

“Before, N2,000 could cook a decent pot of stew. Today, even N5,000 may not be enough,” she said.

Workers say transportation costs have also become unbearable. Some civil servants now limit their movement or seek additional jobs just to meet their basic needs.

In Kogi State, several workers have reportedly taken up commercial transportation, farming and small-scale businesses to supplement their incomes. Similar stories have emerged from Taraba, Zamfara and Akwa Ibom states, where residents describe an economy that continues to squeeze the average citizen.

Poverty Amid Rising Revenue

The contradiction between increasing government revenue and growing hardship has become one of Nigeria’s most pressing economic concerns.

According to the World Bank, about 140 million Nigerians were living in poverty by 2025, representing approximately 63 per cent of the population. Earlier reports by the National Bureau of Statistics also showed that millions of Nigerians lacked adequate access to food, healthcare and decent housing.

Economic experts argue that while subsidy removal boosted government earnings, inflation and currency depreciation have significantly weakened the purchasing power of citizens.

As prices continue to rise, salary increases and government interventions have struggled to keep pace with the cost of living.

The Accountability Question

The increase in allocations has also renewed calls for transparency and accountability.

Experts insist that the issue is no longer about whether governments have enough money, but whether those resources are being effectively utilised.

Development economists have repeatedly argued that increased revenue should result in better roads, improved healthcare services, stronger educational systems, job creation and targeted support for vulnerable populations.

Civil society groups have also urged citizens to take a greater interest in how public funds are spent. They argue that taxpayers have a right to know how government revenues are allocated and utilised.

The editorial position expressed by several policy analysts is clear: rising allocations should not merely exist as figures on paper; they should translate into measurable improvements in people’s lives.

Beyond the Numbers

The growing FAAC allocations represent a positive development for Nigeria’s public finances. They demonstrate that revenue generation has improved and that the country is gradually diversifying beyond its traditional dependence on oil earnings.

However, for millions of Nigerians struggling to afford daily necessities, the true measure of success is not how much money enters government accounts, but how effectively those funds improve the quality of life of citizens.

As governments continue to receive larger allocations, expectations will continue to rise. Nigerians increasingly want evidence that public resources are being invested in meaningful development, economic opportunities and social welfare.

Until the benefits of rising revenues are reflected in households, communities and businesses across the country, many citizens will continue to ask the same question: if government allocations are increasing, why is life becoming more difficult?

Written By: Mfe Mesuur Perpetual (Abuja),
200 level student of Development and strategic communication, University of Abuja.

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Opinion

What Saheeba Taught Me About Waiting for Love

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By Auwal Sani

Stories have a curious way of finding the places we pretend no longer exist. A few nights ago, I settled in to watch Saheeba, the ongoing Hausa mini series that has quietly earned a place in the hearts of many viewers. I expected to follow the lives of its characters. Instead, somewhere between the pauses, the longing, and the things left unsaid, I found myself confronting a story I have been carrying since 2018. By the time the episode ended, I was no longer thinking about the people on my screen. I was thinking about the quiet spaces within me.

I have always loved love stories. Not because they always end happily, as many of them do not, but because they reveal something profound about the human heart. It is perhaps the only part of us that refuses to become entirely logical. It believes after disappointment, hopes after silence, and waits even when waiting appears unreasonable. Love stories remind us that the heart possesses a resilience that the mind often struggles to understand.

There is a kind of loneliness that rarely announces itself. It is not the loneliness of being surrounded by no one. Rather, it is the loneliness of having family, friends, meaningful work, and personal achievements, yet still sensing that one important space remains unoccupied. It quietly accompanies you to weddings, birthdays, and ordinary evenings. It reminds you that some places within us cannot be filled by ambition, success, or the passage of time.

That has been my reality since 2018.

People often say that time heals all wounds. I have come to believe otherwise. Time, by itself, does not heal. It simply teaches us how to carry what has not healed. Over the years, I have questioned myself more than I have questioned fate. Perhaps my expectations of love are unrealistic. Perhaps I desire too much in a generation that seems increasingly comfortable with temporary connections and convenient relationships. Or perhaps I simply long for a kind of love that still believes commitment is worth choosing every single day.

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What I know with certainty is that love has always been my greatest vulnerability. I have never learned the mathematics of guarded affection. I do not know how to give ten percent when my heart insists on giving everything. It has always seemed ironic to me that we encourage people to pursue their dreams without reservation, yet advise them to ration kindness, vulnerability, and love. More than once, I have discovered that not every heart knows what to do with genuine affection. Some admire it, some misunderstand it, and others receive it without ever intending to give anything in return.

Perhaps that is why love remains such a mystery. We write poems about it, compose songs because of it, and build entire futures around the hope of finding it. Yet no definition has ever been large enough to contain all that it is. Those who understand love most deeply are not always those who found it. Sometimes, they are those who have lived through its absence. They know what it means to smile while carrying invisible disappointments, and they understand that loneliness is not merely the absence of people, but the absence of the one person with whom silence would have been enough.

Watching Saheeba reminded me that love is rarely sustained by grand declarations or dramatic sacrifices alone. More often, it survives through patience, consistency, understanding, and the quiet decision to keep choosing someone even after the excitement has faded. The series is still unfolding, and perhaps that is why it resonates so deeply with me. Like life itself, its ending has not yet been written. Every episode quietly reminds us that uncertainty is part of every meaningful journey.

The human heart has an astonishing ability to survive what should have broken it. It remembers tenderness after betrayal, imagines tomorrow after years of unanswered prayers, and continues to believe long after experience suggests it should stop. There was a time when I considered hardening my heart because it seemed safer. After all, disappointment cannot wound a heart that no longer expects anything. But I eventually realised that the opposite of heartbreak is not peace. It is indifference. And indifference is far more frightening because it asks us to stop feeling altogether. I would rather carry hope than become indifferent.

Perhaps that is the greatest lesson Saheeba has offered me. Not that love is guaranteed, or that every story reaches the ending we imagine, but that there is quiet courage in remaining emotionally available despite life’s disappointments. To continue believing after years of waiting is its own form of resilience. Hope is not weakness. It is evidence that the heart has refused to surrender.

So I still love love stories. Not because they promise happy endings, but because they remind me that every ending is also the possibility of another beginning. They remind me that hope is never foolish, and that the heart’s willingness to believe again is one of the quiet miracles of being human.

Perhaps the greatest miracle is not finding love. Perhaps it is refusing to let disappointment convince us that love is no longer worth finding. And maybe, just maybe, the most beautiful chapter of my own story has not been written yet.

Auwal Sani is a Lecturer in the Department of Development and Strategic Communication, University of Abuja. He writes on communication, society, culture, and the quiet experiences that shape everyday life.

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