The New Nigerian Peoples Party (NNPP) has lost the grounds to replace its former candidate in Kano central senatorial district Senator Ibrahim Shekarau who has defected to the Peoples Democratic Party (PDP).
This was disclosed by a Kano-based senior lawyer and former Chairman, Kano State branch of the Nigeria Bar Association (NBA), Abdul Adamu Fagge.
21st CENTURY CHRONICLE reports that Mr. Shekarau won the senate election under the platform of the All Progressive Congress (APC). He defected to the NNPP on May 18, 2022, and later won the Kano Central Senatorial ticket of the NNPP on June 6.
Due to irreconcilable differences with the founder of the NNPP, who is also a former governor of the state, Rabiu Musa Kwankwaso, Shekarau again defected to the PDP and withdrew his candidacy for the NNPP senatorial ticket on August 23, 2022.
In a letter titled, ‘Electoral Act 2022: The Dilemma of Withdrawal of Candidate(s)’ new addressed to the Chairman of the Independent National Electoral Commission (INEC), Mr. Fagge said the NNPP lost the ground to withdraw Shekarau’s ticket because “the window for replacement or substitution of political parties’ candidates is deemed closed since the 15th July 2022 and 12th August 2022 respectively”.
He said the answer to whether or not candidates can be substituted lies in 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.
With the provisions of the above quoted relevant section of the Nigerian constitution, “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26th day of February 2022 to regulate all the political parties’ activities including last day for replacement of the withdrawn candidates.
He said he was of the opinion 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
Barrister Fagge relied on the case of N.D.P. VS. I.N.E.C. (2012) 14 NWLR Part 1319 on page 176 particularly page 197 para D — F. and submitted that “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”.
The lawyer explained further that there is no ambiguity that the INEC TimeTable was not instruction or guide but a command which is binding on all political parties, adding that in any case the Electoral Act was quite on the “last day” for the replacement or changing of withdrawal of candidates.
He said Section 31 was explicit on the notification of withdrawal to INEC while Section 33 has provision on the conduct of fresh primaries, adding that he holds a contrary opinion against the provision of the constitution on the 90 days for notification of withdrawal which applies to replacement.
Mr. Fagge argued further that “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 a 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?”
He said that is not possible, as according to him, “section 31 states categorically that “Not later than 90 days the political parties shall convey such a 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.”
Therefore, the senior lawyer advised the National Assembly that whenever the need arises for further amendment, the “Last Day” for substitution or replacement of candidate(s) by political parties should be clearly and specifically spelled out in the Act.
