The Electoral Act 2022 allows an ‘aspirant’ to be nominated as ‘candidate’ of another party for same or different elective office
I recall my Legal Opinions dated several months ago (widely circulated on social media, being part of my social responsibility of public enlightenment).
(2) I’m bemused at the ludicrous futility of suits of certain political actors seeking to nullify nomination of candidates of certain political parties who had been validly, legally and constitutionally substituted.
(3) The misguided suits are wrongly premised on Section 35 of the Electoral Act and section 177(c) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
(4) Section 35 of the Electoral Act provides:
“Where a candidate knowingly allows himself to be nominated by more than one political party or in more than one constituency, his nomination shall be void”.
(5) Section 177 (c) of the Constitution provides that:
“A person shall be qualified for election to the office of Governor of a State if (C).. he is a member of a political party and is sponsored by that party”.
(6) These provisions are very clear to warrant any colorated interpretation. The word “CANDIDATE” should never be interpreted to mean “ASPIRANT”.
(7) Until nominated by a political party, an aspirant is not a candidate.
(8) Sections 115(1)(d) on nomination of Candidates by Political Parties also become relevant here, and should be read in consonance with the above provisions.
(9) There have been concerns about the ability of aspirants who are (or might not be) successful in seeking nomination as candidates of political parties or who wishes to be substituted as candidates of another political party.
(10) For the avoidance doubts, the Electoral Act 2022 has not abolished nomination of an aspirant by another political party where his or her aspiration fails in the other political party.
(11) Electoral Act provides for nomination by direct or indirect primaries or by consensus.
(12) A political party may adopt an aspirant from another political party by consensus in line with section 84 and/or substitute as its candidate within the window allowable for substitution of candidates based on the time-table released by INEC.
(13) Sections 35 and 115(1)(d) of the Electoral Act, 2022 only forbid a “candidate” (of a political party) and not an “aspirant”, from being nominated for election (if already nominated by a political party).
(14) The law forbids that a candidate is nominated and signs as the nominated candidates of two or more political parties.
(15) For the avoidance of doubts, I quote the provisions below:
- (1) A person who –
(d) signs a nomination paper or result form as a “candidate” in more than one constituency at the same “election”, commits an offence and is liable on conviction to a maximum term of imprisonment for two years.
(16) It is, therefore futile and needless dissipation of energy and political capital to attempt hurl or put an obstacle on the nomination of a candidate simply because he or she had previously “aspired” or contested as an “ASPIRANT” for the same or different office in another political party or constituency.
(17) The only ground is where a person has been sponsored as “CANDIDATE” of a Poltical party for an elective office and nominated as candidate of another political party for the same of different elective office.
(18) A candidate who was a mere aspirant (who contested and lost) in the primaries of a political party CAN BE VALIDLY nominated, adopted, and sponsored by another political party for the same or different elective office he had previously aspired for under another political party.
(19) That is the correct position of the Electoral Act, 2022 and all relevant provisions of the Constitution.
(20) Therefore, attempts to seek nullification of a Governorship or Deputy Governorship candidate (vice-versa) on the misplaced and misinterpreted application of section 35 of the Electoral Act and section 117(c) of the Constitution of the Federal Republic of Nigeria as Amended, is at best a desperate effort in futility. IT DEFINITELY WILL YIELD NO POSITIVE OUTCOME !!!
PROF. YEMI OKE, Ph.D, FCIArb, FCTI
(Bada-Baamofin of Egbaland)
