Opinion

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

Published

2 years ago

September 8, 2022

Barrister Abdul Fagge

INTRODUCTION:

The Electoral Act, 2022 came into force on the 25th February, 2022 to regulate conduct of Political Parties activities, primaries election, and general Election among others. I commend the National assembly and President Federal Republic of Nigeria for passing and assenting same respectively. The Act provides certain innovations as well as new provisions which can only be clearly and perfectly understood through the instrumentality of Judicial pronouncements.
From 20th August, 2022, when the wind of rumor starts escalating for defection of distinguished Senator Ibrahim Shekarau from NNPP to PDP to the 29th August, 2022 when he formally defected and up to today the 1st of September, 2022, I received and I am still receiving phone calls from some Honourable Attorneys General, the legal practitioners, Excellencies, Right Honorable Members, members of National and State Assemblies, Key Stake Holders of different Political Parties, Politicians, Proprietors of some National dailies and general public seeking my opinion on whether NNPP and PDP can submit names of other candidates to INEC and upon such submission INEC is obliged to accept.
The above nagging question requires not Yes or No answer. In my candid opinion, the answer can only be proffered from x-raying Sections 29(1), 31, 32(1) and 33 of the Electoral Act, 2022 vis-a-vis Section 78 and paragraph 15 of the 3rd Schedule to the 1999 Constitution Federal Republic of Nigeria (as altered) and Section 28(1) of the Electoral Act, 2022, Judicial authorities and other enabling laws.

Relevant Sections of the Electoral Act:

Section 28.—(1) The Commission shall, not later than 360 days before the day appointed for holding of an election under this Act, publish a notice in each State of the Federation and the Federal Capital Territory —

(a) stating the date of the election; and
(b) appointing the place at which nomination papers are to be delivered.

Section 29.— (1) Every political party shall, not later than 180 days before the date appointed for a general election under this Act, submit to the Commission, in the prescribed Forms, the list of the candidates the party proposes to sponsor at the elections, who must have emerged from valid primaries conducted by the political party.

Section 31. A candidate may withdraw his or her candidature by notice in writing signed by him and delivered personally by the candidate to the political party that nominated him for the election and the political party shall convey such withdrawal to the Commission not later than 90 days to the election.

Section 32(1): the commission shall, at least 150 days before the day of the election, publish by displaying or causing to be displayed at the relevant office or offices of the commission and on the commission’s web site, a statement of the full names and addresses of all candidates standing nominated.

Section 33. A political party shall not be allowed to change or substitute its candidate whose name has been submitted under section 29 of this Act, except in the case of death or withdrawal by the candidate: Provided that in the case of such withdrawal or death of a candidate, the political party affected shall, within 14 days of the occurrence of the event, hold a fresh primary election to produce and submit a fresh candidate to the Commission for the election concerned.

CONSTITUTION FEDERAL REPUBLIC OF NIGERIA 1999 (AS ALTERED):
Section 78. The registration of voters and the conduct of elections shall be subject to the direction and supervision of Independent National Electoral Commission.

From the above cited provisions, INEC has unfettered powers to issue guidelines, time table and schedule of activities for 2023 General Election, and it is on this premise it issued time table, schedule of its activities on the 26th day of February, 2022 to regulate all the political parties activities including last day for replacement of the withdrawn candidates.

2023:INEC Commences Distribution Of Over 77 Thousand PVC’S In Kano

Therefore, I am of the firm view that INEC time table, Guidelines and schedule of activities have same force with any enabling law and they run pari – pasu and all political parties are under obligation to comply with the said Time Table, Guidelines, and schedule of activities and it is in that regard all political parties sold their nomination forms, conducted primaries and forwarded the names of their candidates to INEC all within the stipulated period provided by the time table. The submission above is supported by the case of N.D.P. VS. I.N.E.C. (2012) 14 NWLR Part 1319 at page 176 particularly page 197 para D – F.
“The Time Table is Guideline with force of law; this is because any action taken outside the published time table is fatal to the political party involved. The activities and time schedule set out in the Time Table published are not directory”.

Based on the above decision and other relevant laws cited, it is beyond doubt that INEC Time Table is not an instruction or guide but a command which all Political parties must comply with.

Therefore it is an affront to the established principle of law for political parties to even contemplate substitution or replacement of their candidates after the expiration of the last day provided by INEC in its time table and schedule of activities for 2023 General Election and for INEC to accept such substitution or replacement.

The most amazing part of the Electoral Act which I find most interesting are Sections 31, 32(1) and 33 dealing with withdrawal of candidates, date of final display of candidates and changing candidates respectively. These three sections are key to the issue under discussion and it is against that background I devoted time to carefully and painstakingly read them, and in the end my understanding reveals that there is nowhere the “last day” is stated for replacement or changing of the withdrawn candidate. Section 31 squarely deals with notification of withdrawal to INEC while Section 33 pertains to conduct of Fresh primaries.

The sections of the law were reproduced at pages 1 and 2 for ease of reference.

While rubbing mind on these issues, Two very senior lawyers whom I respect much and are my mentors, principals and still working under them argued that the 90 days period for notification of withdrawal also applies to replacement, I told them that with respect, I’m imbued with contrary position, reason being that had the law makers intended that time to apply for replacement same should have been stated.

Secondly, I asked what if Notice of withdrawal is forwarded to INEC at the anniversary of the 90 days, which is still within the ambit of law for political parties to convey such letter of withdrawal to INEC, can the political parties still organize and conduct primaries to substitute candidate less than 90 days before the day of the general election, because section 31 states categorically that “Not later than 90 days the political parties shall convey such letter of withdrawal to INEC. This will as well give another room to argue that replacement or changing of candidates can be made less than 90 days before the date of the general election on the strength of submission of withdrawal letter at the anniversary of 90 days, because the party needs to arrange and conduct primaries thereafter then the window for replacement cannot be 90 days because section 33 empowered political parties to conduct fresh primaries within 14 days of the occurrence of the event.

It is apparent that drawing 14 days out of 90 days one can safely conclude that it will certainly be less than 90 days. It is a known fact in the entire Electoral Act, there is nowhere the “last day” for replacement of withdrawn candidate is stated.

Lastly, Section 32 (2) of the Electoral Act, 2022 mandates INEC to make final display of Names and Addresses of candidates of political parties at least 150 days before the date of General Election. It is therefore, my understanding that 90 days as contained in section 31 of the Act, cannot by all canon of interpretation be the last day for substitution or replacement of withdrawn candidate, reason being that it run contrary to the intendment of the legislature, and the whole essence of interpretation is to discover the meaning and intendment of the law makers taking the entire provisions in to consideration.

It is long settled principle of law that you cannot import into law that which is not stated. See the Supreme Court decision: in NDOMA EGBA V. CHUKWUOGOR (2004) 6 NWLR Part 869 page 382 particularly page 430 Paras F – H.

“……….There is no doubt that to use the common law principle of presumption of regularity to interpret entrenched constitutional right may be inappropriate. It is however erroneous to read into a clear and unambiguous constitutional provision what its does not embrace. The provision has to be interpreted strictly in accordance with the ordinary meaning of the word use without it being adorned, as it were, with ornamental words not therein to make it attractive to wider interpretation……..”

See also EBOIGBE V. N.N.P.C. (1994) 5 NWLR (Part 347) page 649.

Section 32(1) of the Electoral Act, 2022 mandates INEC to make final publication of full names and addresses of all candidates standing nominated at least 150 days before the election.

It is clear from the above provision that INEC is required to make final publication of candidates in its offices and its website at least 150 days to the election and it was against that background INEC made about two publications in their offices of 36 States, its Headquarters and in its website before the 15th July, 2022 and 12th August, 2022 respectively so as to allow political parties to change and substitute their candidates where necessary before the final day for replacement.

Had the drafters of the Electoral Act, 2022 intended 90 days to be the last day for substitution or replacement they would not have stated at least 150 days to be the last day of final display of names and addresses of candidates in section 32(1).

It is long settled principle of law that to appreciate and have a fuller meaning of the law the statute shall be given community reading rather than isolated reading.

On this principle of law See the Supreme Court Decision in BELLO V. A.G. OYO STATE 1986 5 NWLR part 45 page 828 particularly 832.

“…….. in construing the provisions of an enactment, although it is the particular section that is being considered that should be the primary concern, the whole enactment should be construed as a whole…..”

Flowing from the above, It is palpably wrong to hold the view that political parties can substitute or replace their candidates at least 90 days to the election placing reliance on section 31 of the Electoral Act, 2022.

I have read extensively the Electoral Act, 2022 particularly Section 29, 31, 32, 33 and 34 and I found no clear and unambiguous provisions relating to last day of substitution or replacement of political parties candidate(s) and having no clear and specific date the wordings of the statutes should be given their ordinary meaning.

On this principle of law see OGBEBOR V. DANJUMA (2003) 15 NWLR Part 843 page 403 particularly paras D–G.

“it is the duty of Court to interpret the word of the law makers as used.”

I therefore, have no hesitation in coming to the conclusion that INEC has unfettered power to stipulate in its schedule of activities and Guidelines the last day for substitution/replacement of candidates as issued in its Time Table dated 26th day of February, 2022.

To sum it up I am of the firm view that INEC by section 78 of the 1999 Constitution of the Federal Republic of Nigeria as altered and paragraph 15 of Third schedule to the said Constitution has unfettered power to issue Guidelines, Time Table and Schedule of Activities for 2023 General Election including stipulating last day for replacement or substitution of withdrawn candidate(s) of political parties.

It cannot be right to say that column 6 of INEC Time Table and schedule of Activities for 2023 General Election which fixes 15th July, 2022 as last day for replacement of Presidential and National Assembly Political Parties candidates and 12th of August, 2022 as last day for replacement of Governorship and State Houses of Assembly Political Parties candidates are in conflict with Electoral Act, 2022 or 1999 Constitution of Federal Republic of Nigeria as altered as there is nowhere the last day for replacement is specifically stated either in the Constitution or Electoral Act. Therefore, INEC by Section 78 and Paragraph 15 of 3rd Schedule to the 1999 Constitution of FRN has unfettered Power to organize and direct how the elections shall be conducted and it is on that strength INEC issued the said Time Table. See N.D.P VS. I.N.E.C supra.

Conclusion/Recommendation:

I will now therefore, without much ado answer that the window for replacement or substitution of Political parties’ candidates is deemed closed since the 15th July, 2022 and 12th August, 2022 respectively.

It is therefore, my humble advise that the National Assembly whenever the need arise for making further amendment, the “Last Day” for substitution or replacement of candidate(s) by Political parties be clearly and specifically spelt out in the Act.

Most obliged.

Abdul Adamu Fagge Esq., ACArb.
(Head of Chambers)
BASHIR, NASIRU (SAN) & CO.
(Member, Common Wealth Lawyers Association)
(Former Member National Executive Council Nigerian Bar Association),
(Former Chairman, Nigerian Bar Association, Kano Branch)
08032846588
Abdulfagge57@gmail.com

Opinion

Forte GCC Sets New Standards in Engineering, Construction, and Real Estate-Adnan

Published

4 days ago

May 14, 2024

Nigerian Tracker

Forte GCC raises the bar in engineering, construction, and real estate with groundbreaking standards, by Adnan Mukhtar

In a move that is set to revolutionize the engineering, construction, and real estate sectors, Forte GCC Innovative Solutions Limited has announced its commitment to innovation, sustainability, and excellence.

Since its inception in 2019, the company has established itself as a trailblazer in the industry, with a team of dedicated professionals and a vision to harness the power of technology to craft a smarter, more efficient world.

The company’s mission and vision is to elevate services through continuous research and innovation and to become a frontrunner in engineering consultancy, construction, and real estate sectors.

Led by Engr. Khalil Sagir Koki, a seasoned engineer and project manager with a proven track record of delivering complex projects, the company’s management team boasts a diverse range of expertise and experience. Engr Khalil has a Masters of Engineering in Civil and Environmental Engineering from the University of Surrey and a Master’s of Science in Engineering Construction Management from the University of East London. Engr. Koki is a member of the Nigerian Society of Engineers, the Institute of Civil Engineers UK, the Institute of Highways Engineers UK, and the Association for Project Management UK, and has attained the APM Project Fundamental Qualification from the Association for Project Management. He also holds a Construction Project Management certification from the Colombian University of New York.

Other members of the management team include Engr. Emmanuel Adetokumbo, a COREN-registered engineer with over a decade of experience in building and infrastructure projects; Muhammad Gazzali Ado, a seasoned finance professional with experience in accounting, taxation, and financial management; and Mrs Misriyya Imam Hassan, a management expert with a degree in Management Information Systems from the University of Sharjah and an MSc from the University of Leicester.

The company’s recent achievements include the successful completion of Laurat Terraces, its inaugural real estate development project in Katampe District, and the commencement of two new estates, Misriyya Terraces and Guildford Terraces, in Katampe District.

With its commitment to safety, ownership, integrity, passion, and teamwork, Forte GCC Innovative Solutions Limited is set to deliver unparalleled results and shape the future of Engineering, Construction, and Real Estate in Nigeria and beyond.

Opinion

Ahmad Abdulkadir Firdaus :A Successful Business Man And Philanthropist

Published

1 week ago

May 8, 2024

Nigerian Tracker

Abdulkadir Ahmad Firadusi

By AbdurRaheem Sa’ad Dembo

The fascinating story of Ilorin born businessman but resident in Kano, Ahmad Abdulkadir Firdaus is the one filled with a rare commitment and tenacious disposition. He is the Chief Executive Officer of Aquarich Integrated Services, Hydro Blue Water and Habidaus Global Concept in Kano. Indeed, no businessman or an entrepreneur would ever tell you it is easy to be in business or self employed but he has been making remarkable progress against all odds.

It interests me to write about him because I have been in the know of how he has positively metamorphosed from being an employee to become an employer of labour in the commercial city of Kano. Firdaus story is not a fairy tale as those who know him can attest to his growth in the Kano business community.

Sincerely, it is through observation of him I got to know practically that you don’t invest in a business if you don’t have time to monitor it, otherwise you would be feeding the greedy and glutton among your workers inadvertently, and before you know it, the business has collapsed. They don’t want to know how you come about the capital for the business but they would be ready to drain the resources to comatose, since no one would be around to have critical monitoring of their activities.

Successful businessmen do have challenges and that of Firdaus is no exception, especially given the current stifling inflation in the country. You must have the courage and sagacity to pull through in business with sincerity and promptness.

There was a time I visited Kano, precisely February, 2022 to attend the 40th Anniversary of Mass Communication Department in Bayero University, Kano, my alma mater. I observed him in the office and I discovered that he has full grasp of what it entails to run a business. He is an economist, so one shouldn’t expect less from him.

He is very strict but pragmatic. His strictness cannot be likened to nefariousness but proper way of doing things. He doesn’t cut corners. He will never bargain for substandard products.

As an entrepreneur you have a goal, but it should be predicated on your customers satisfaction. Without them your business will face retardation and sluggishness. That is why when you agree on a day and date for the supply of goods, do not renege. Customers develop confidence in someone based on their experience over time. If their experience is positive you are in for a good time with them.

Discipline as a core value in any setting, be it political, social or economic, will help anyone to grow; especially in business, financial discipline is key. To the best of my knowledge, Firdaus has it and his prudence is a great deal of idea.

*My relationship with Firdaus*

We are both from Ilorin but we didn’t know each other until we met in Bayero University, Kano. Although we gained admission the same time, he was a year ahead of me because his was a direct entry. Since graduation, the relationship has been sustained till today; alhamdulillahi! He is a thorough person, he neither receives ideas and/or opinions nor treat issues dogmatically. It takes a sound and convincing explanation of a subject matter to get him on the same page with one.

Our good friends, they say, are our lives. At one’s lowest hour, one must have that one person in whom to confide. This is reminiscent of Mariama Ba’s So Long a Letter in which it is said “confiding in others always pain”.

Our relationship has transformed beyond friendship, it is now a familial bond. I can remember when I attended his wedding in Kaduna in the year
2009 and he reciprocated by attending my wedding in Ilorin together with his wife, an epitome of a good wife.

He is based in Kano but his door is always open to visitors. You can’t visit his family without giving a good account of their hospitality and humility. Great men are synonymous with humility and that has been my conviction over the years.

*His Philanthropic Activities*

He is a finest gentleman with a kind heart and generous disposition.He does not have a Foundation through which he reaches out to the less privileged because he believes giving to people is a personal thing and does not require publicity. His argument has been that he is doing it for the sake of Allah, not for people to praise him, and that getting a reward for doing good is preregative of Almighty Allah.

This is unlike politicians; there is no way they can keep in secrecy if they render assistance. If they don’t say it out, oppositions would use that against them, that they have neglected the people after gaining their mandates. So it is easy for him to do it in his own way, because he is not a politician.

There are cases of where he has helped and those people would be the one to tell me much later. If he helps you the third person would not hear about it. Emphatically, he has been kind to me as well.

Ahmad Abdulkadir Firdaus does not allow his busy schedules to deprive him of the opportunity to reach out to people through associations. He is currently the Vice President II of Bayero University Kano Alumni Association, the national body. He is also the Vice Chairman of Ilorin Emirate Descendants Progressive Union (IEDPU), Kano Branch. He is a Patron of Ilorin Emirate Students Union, BUK Chapter.

He is a detribalized Nigerian; his hand of fellowship spreads beyond his tribes and associates.

*His business sojourn*

Firdaus joined Royal United Nigeria Limited in Lagos State in 2007. He was later transferred to Kano office where he rose from the position of Accounts Assistant to become Regional Manager, North. In his words “I joined Royal United Nigeria Limited in 2007 through my Guardian, Dr. Abdullahi Jibril Oyekan”

Ahmed Abdulkadir Firdaus was born to the family of Alfa Ahmad and Hajia Halima of Ile Machine, Oju Ekun Oke, Adangba, Ilorin and grew up at Sebutu compound, Ilorin. He had his primary and part of secondary school education in Ilorin before proceeding to Lagos where he completed it. He is happily married with kids.

Below are his Educational background, Awards, and excerpts of the interview with him.

*Academic Qualification

In 2005 he bagged B.Sc. Economics from Bayero University, Kano with second class upper. He also obtained Master of Business Administration (MBA) in 2011 from the same institution. In 2006 he obtained Proficiency Certificate in Management and graduate member from the Nigerian institute of Management.
He became an Associate member , Institute of Chartered Economists in Nigeria (2006).

*Awards

Award of Excellence by Ilorin Emirate Descendants Progressive Union, IEDPU Northern Zone, 2023

Award of Excellence by BUK Alumni, Ilorin Emirate chapter, 2023

Award of Excellence by An-nur Islamic Organization, BUK, 2021

Award of Excellence by Ilorin -Ifelodun Social Group, Kano, 2021

Markazul Ulum Wal Maharif Islamic School Dei Dei, Abuja, 2020

Award of Excellence by National Association of Kwara State Students, BUK Chapter, 2019

Award of Excellence by Ilorin Emirate Youth Development Association, Kano, 2019

Award of Excellence by Ilorin Emirate Students’ Union, BUK, 2016

Certificate of Merit by National Youth Service Corps, Corps Welfare Association, Giginya Barracks, Sokoto, 2007

Merit Award (Chairman Fundraising) by Ilorin Emirate Students’ Union, BUK, 2005

Merit Award (Financial Secretary) by Ilorin Emirate Students’ Union, BUK, 2005

Merit Award (Member Fundraising) by Ilorin Emirate Students’ Union, BUK, 2004

Merit Award by Markaz Agege Alumni Association, BUK, 2003/2004

Al-Adabiyya Alumni Association, BUK, 2003/2004

Merit Award (Active member) Ilorin Emirate Students’ Union, BUK, 2002

*Interview Session*

What do you sell?

I sell different types/brands/sizes of Tyres and TableWater (HYDRO BLUE)

What could be the catalyst for your success in the business world?

Determination, patience, and passion can drive a business growth.

Nigerian economic challenges are enormous, but I always tell myself that if Dangote can do it, I can equally do with determination.

What advice do you have for upcoming entrepreneurs?

Business requires pragmatism, goal-oriented, and target. Including the culture of discipline

At the early stage of business, they must be available (full participation), adopt austere approach, have some level of accounting knowledge, and financial discipline.

They should understand that there is no shortcut to success; Rome was not built in a day.

Is it always rosy for your kind of business?

Not at all, like the Yoruba would say, a person that knows the day he would make plenty of sales might know the day of his death. Is just a saying nobody knows when he or she will die. No one can determine the day he or she will make enormous sales. However, business is unpredictable, most especially in the face of the current inflation that has influenced price instability.

It is obvious that even in the business world there are challenges but your ability to cope with its complexity and dynamism will determine how far you would go. This doesn’t rule out the significance of prayers as you weather the storm gradually. Our young men and women should cultivate the habit of sincerity and patience. Nothing good, they say, comes so easy. Get-rich-quick syndrome can’t be a way out of poverty but the road to doom. Patience is key to every facets of our lives just as Hausa saying “Hakuri maganin zaman duniyan”. Meaning patience is the key to successful life.

Firdaus, as a businessman is an example of those who would do their businesses diligently and would not surcharge the people.

He is in Kano, doing his business with utmost standard and excellent customer relations. Please patronise him for a life changing experience.

abdurraheemsaaddembo@gmail.com

Opinion

Exposing the fraud in NASS budget-Jaafar Jaafar

Published

2 weeks ago

May 2, 2024

Nigerian Tracker

By Jaafar Jaafar

In an unprecedented budget fraud, the National Assembly has appropriated N370 billion on running costs, contingency, vague and duplicated projects for the Senate and House of Representatives in the 2024 Appropriation Act.

I’m not talking about the hundreds of billions of naira padded in other ministries, departments and agency, but what they budgeted for their welfare and running of the National Assembly.

In the N370 billion NASS budget, the lawmakers duplicated projects and created new, unnecessary projects that increased the budget from N170billion in 2023 to N370 billion this year.

In budget (under Statutory Transfers ), the NASS budgeted 36,727,409,155 for the National Assembly Office; N49,144,916,519 for the Senate; N78,624,487169 for the House of Representatives; N12,325,901,366 for the National Assembly Service Commission and; N20,388,339,573 for Legislative Aides.

A senator recently told me that each of them (and members of the House of Reps) is entitled to five aides, while the four presiding officers (Senate President, Speaker and their deputies) have at least 3,000 aides. In total, you are talking about over 5,000 aides!

Despite the foregoing, the NASS budgeted N30,807,475,470 for “General Services” and N15billion as “Service-Wide Vote” – known in administrative parlance as “contingency” or “security vote”. The NASS never had anything like service-wide vote in the past as “service-wide vote” is always exclusive to the Executive arm. Insiders said this is a clear case of budget padding as the purpose for the huge appropriations are vague.

Even the retired clerks and perm secs (despite receiving their pensions) are not left out in this public funds buffet as they got N1.2billion padded for them.

Apart from padding the intangibles, the NASS will spend N4billion to build recreation center; about N6billion to furnish committee rooms for the two chambers and; another N6billion to build car parks for senators and members (don’t ask me whether they lack any parking space).

And despite this, the lawmakers padded N30 billion in the FCDA budget for “Completion of NASS Chambers” and N20billion for “completion of NASS Service Commission”! In the same budget, the lawmakers set aside another N10billion (under NASS budget) for the completion of National Assembly Service Commission building! How did this happen? No be juju be dis?

Still hungry to devour public resources, the avaricious parliamentarians budgeted another N3billion for the “Upgrade of NASS Key Infrastructures”. How come? What about the N30billion budgeted for “Completion of NASS Chambers”?

NASS Library Complex, named after President Tinubu’s Chief of Staff, Femi Gbajabiamila, got N12billion as take-off grant and another N3billion for purchase of books.

Like other institutions under NASS, the National Institute for Legislative and Democratic Studies got N9billion without clearly stating how or where the resources will apply to. The same institute also got another N4.5billion (is this ‘jara’?) for completion of its headquarters.

Despite the dedicated powerline and powerful generators backing up power supply in the National Assembly, the lawmakers budgeted N4billion to install solar power system. I guess this will give them a reason to pad billions for the purchase of batteries every year.

The committee that superintended this butchery of public resources, the Appropriations Committees of the Senate and the House of Reps, got N200m each for a job well done.