A legal tussle is in the offing to determine the fate of the June 20 by-election to fill the vacancy in the Enugu North senatorial district at the National Assembly, following the decision of the Labour Party (LP) to challenge the Independent National Electoral Commission (INEC) to exclude it from participating.
INEC had approved the participation of only three political parties for the exercise to fill the vacant seat left by Okey Ezea, who died last year, to the exclusion of scores of others including the LP under whose platform the former Senator won the seat in 2023.
Ken Asogwa, spokesman of the party, who gave the update on the next line of action, said LP had already approached the Federal High Court, Abuja, to challenge the decision on the ground of wrongful exclusion, saying that the party was deeply disturbed over INEC’s action, especially the reason it gave for it.
Asogwa, who conveyed the decision through a statement on Monday, wondered how its candidate would made to pay for the ineptitude of INEC itself, which failed to carry out its constitutional responsibility.
Stressing that the party complied with all statutory requirements and procedural guidelines, but was still denied access to upload the particulars of its candidate on INEC’s nomination portal, the statement, added: “Up until the close of the submission window on June 2, the party made several efforts, including formal protests and correspondences to the commission, seeking the resolution of the issue, but these efforts yielded no positive result
“The party fulfilled every legal and administrative obligation required under the Electoral Act and INEC’s extant regulations in the nomination of its candidate. Labour Party finds it difficult to understand the basis upon which it had been excluded from an election in which it had a legitimate and undeniable stake.
“It is both disturbing and deeply concerning that the head of Elections and Party Monitoring (EPM) in Enugu State reportedly justified his refusal to transmit the report of the Labour Party’s primary election on the ground that he was out of town on the day the exercise was conducted.
“This excuse is untenable and raises serious questions about the discharge of official responsibilities. Labour Party cannot be made to suffer the consequences of an official’s absence, negligence, incompetence or dereliction of duty.
“Electoral processes and the constitutional rights of political parties cannot be subjected to the convenience or personal circumstances of individual officers. If the officer was unavailable, it is incumbent upon him or INEC in Enugu to ensure that appropriate arrangements were made for the monitoring and reporting of the exercise.
“INEC should not be penalising a political party that duly complied with all statutory requirements. The Electoral Act only requires political parties to duly notify INEC of their primaries. The party complied fully with this statutory requirement. The legality and validity of the exercise cannot be vitiated by INEC’s absence, as neither the Electoral Act nor the commission’s regulation made its physical presence a mandatory condition for the conduct of a party primary election.”
Expressing confidence in Joash Amupitan, INEC Chairman to do the right thing, he however called on the commission investigate the actions taken by its staff members in Enugu and take decisive action against anyone found culpable.
His words: “Electoral institutions derive their legitimacy from public trust and every effort must be made to protect the integrity of the electoral process. It would amount to a grave injustice for Labour Party to be denied the opportunity of presenting a candidate in an election convened to fill a vacancy created by the death of one of its serving senators.
“Such an outcome would not only undermine the rights of the party and its supporters but it tends to diminish the democratic choices available to the people of Enugu North senatorial district in the coming by-election.
“As the party places its confidence in the impartiality and wisdom of the Nigerian judiciary, it urges all its members and supporters in Enugu North and across the country to remain calm while the matter is being determined by the courts.”