Politics
INEC: We’re dealing with more than 600 pre-election court matters from recent party primaries alone
No less that 600 cases are sitting at the various courts in Nigeria awaiting the attention of the Independent National Electoral Commission (INEC), the electoral umpire, has said.
The commission are all pre-election cases relating to the nomination of candidates for the 2023 general election by political parties, INEC, said, while decrying the time lost to the endless litigation, adding that a particular political party, served it 70 court processes in one day, seeking to compel it to accept the substitution of candidates after the deadline provided in the 2023 election timetable.
INEC Chairman, Professor Mahmood Yakubu, who stated these at the capacity building workshop for Justices and judges on election matters, observed that more need to be done to reduce litigations in the electoral process.
Yakubu noted even though there are less Court cases challenging the conduct of elections by the Commission, cases arising from the conduct of primaries for the nomination of candidates by political parties is on the increase.
“So far, we have been joined in about 600 cases relating to the conduct of recent primaries and nomination of candidates by political parties for the 2023 General Election. Only two weeks ago, one political party served about 70 Court processes on the Commission in one day seeking to compel us to accept the nomination or substitution of its candidates long after the deadline provided in the Timetable and Schedule of Activities for the 2023 General Election had elapsed. Some of the cases will go up to the Supreme Court.
“The implication is that we are still dealing with issues of nomination of candidates thereby eating into vital time for preparation of and procurement of sensitive materials for the election. It also means that the Courts will be dealing with the same issues long after the General Election.
“I wish to reassure the judiciary that the Commission will continue to abide by Court orders. However, strict adherence to stare decisis is critical for us as an Election Management Body. A situation where a trial Court sought to vary the judgement of the Supreme Court by ordering the Commission to issue a Certificate of Return in favour of a candidate whose emergence during the party’s primary election has been nullified by the apex Court (and affirmed by the same Court following an application for clarification) put the Commission in a difficult situation.
“The matter is currently being litigated again, possibly all the way back to the Supreme Court, thereby wasting the precious time of the Courts which are already inundated by even the most improbable cases by litigation-happy individuals and parties.”
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.”
A conciliatory Atiku Abubakar, in magnanimity with victory, extended the olive branch to Rotimi Amaechi and Mohammed Hayatu-Deen, the pair he defeated on Wednesday night to clinch the ticket of the African Democratic Congress (ADC) for next year’s presidential election.
He appealed to both men never to abandon the party ahead of the election, scheduled for January 2027, but to close ranks to ensure victory for both party, Nigeria as a country and the people currently under the bondage of the ruling All Progressives Congress (APC).
Extending the olive branch shortly after being handed the party flag, officially declaring him as the candidate, he said: “I therefore appeal to all those who feel aggrieved to come back to our party and close ranks with the rest of us. In particular, I invite Chief Rotimi Anechi and Alhaji Muhammad Hayatu-Deen to join me in this fight to save our democracy and our country.
“As I said previously, there are no winners and no losers. Our people look up to us for leadership and I am ready to lead,” he said.
He added that he would work with other aspirants and stakeholders to build the party ahead of the general election.
“I shall work with you all to continue to build our party. I will campaign with you and if Nigeria’s leaders demand it, govern with you to build a country that works for all of us.”
The appeal is coming hours after both Amaechi, former Governor of Rivers State and former Minister of Transportation and Hayatu-Deen, former Chairman of the Nigerian Economic Summit Group (NESG), rejected the result, even before it was announced, citing what they described as manipulation of the voting process, with Hayatu-Deen saying he would not attend the announcement of the result.
Regardless, Atiku, Nigeria’s former Vice President between 1999 and 2007, said he truly humbled and excited to lead the party into the next elections, adding that he was particularly excited by the party’s demonstration of internal democracy despite the position of naysayers.
Hear him: “I must state at this juncture that this is not the time to celebrate. No one was defeated because we are one party and we all need to recognise the fierce urgency of the moment.
“Therefore, we have to unite, as we pledged before this process, to work to pull our country and our people out of the destructive grip of a corrupt, incompetent and polarising APC government.
“I thank the primary elections Committee for organising peaceful, free, fair and transparent primaries. I thank the various leadership organs of our party, the various stakeholders, and volunteers for their hard work and dedication and all our party members and supporters for their efforts, patience and conduct during the process.
“With the primaries behind us, the real hard work is about to begin. We have to prepare to campaign hard to win the next general elections in order to begin the difficult process of rescuing our country and its long-suffering people from this government.”
“I will not be attending the announcement of the ADC Presidential Election Results today. I am concerned by reports from across the country of widespread vote rigging, some of which I myself observed, and will therefore be taking advice on my next steps.”
These were the exact words of Mohammed Hayatu-Deen, one of the presidential aspirants of the African Democratic Congress (ADC), with which he cast a slur on the ongoing presidential primaries of the party, hinging his position on reports of fraud trailing the exercise.
Hayatu-Deen, a second timer in the search for the nation’s number one job, ran against Atiku Abubakar, Nigeria’s former Vice President and Rotimi Chibuike Amaechi, former Minister of Transportation.
In a statement on his assessment of the exercise which began on Monday, the renowned economist Chairman of the Nigerian Economic Summit Group (NESG), used his X platform to convey his dissatisfaction with the process.
The ADC which said the collation for the exercise would take place in Abuja had urged aspirants, party leaders, delegates, and members to conduct themselves peacefully and uphold party unity.
Bolaji Abdullahi, its spokesman, who described the exercise as a defining moment for both the ADC and Nigerians seeking a credible political alternative, maintained that it remained committed to internal democracy and a transparent leadership selection process.
“The ADC remains proud to stand today as the only truly democratic party in Nigeria because it is the only political party whose choice of presidential candidate is determined through open primaries,” he said adding that the conduct of aspirants and party members during the exercise would reflect the leadership culture the ADC seeks to promote.
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