Any litigation arising from the controversial Section 84 (12) of the Electoral Act 2022 must be resolved not later than May 3, 2022. Otherwise, any political appointee who fails to resign by that date stands ineligible to seek elective office next year.
And any political party that fields any such candidate will also be embarking on a futile pursuit, for nomination to all elective offices in 2023 must be concluded by the parties not later than June 3.
That is according to the 2023 election time table issued by the Independent National Electoral Commission (INEC).
The section provides thus: “No political appointee at any level shall be a voting delegate or be voted for at the convention or congress of any political party for the purpose of the nomination of candidates for any election.”
The implication is that aspirants wishing to be voting delegates at their party’s primary elections must quit their current public offices before the primary elections in order to be able to vote or be voted for at the shadow polls.
President Muhammadu Buhari kicked against the section, arguing that it “constitutes a disenfranchisement of serving political office holders.” Consequently, he asked the National Assembly to amend that section.
The two arms of the National Assembly wasted no time in letting the executive know that they were in no mood to accede to the president’s request.
Soon afterward, a Federal High Court sitting in Umuahia voided the section and authorised the Attorney-General of the federation to delete the controversial provision from the Act.
The National Assembly’s response was to appeal against the high court ruling.
Prior to the last judgment, INEC had adjusted the 2023 general election timetable earlier released in 2021. INEC Chairman, Prof. Mahmood Yakubu, at a news conference on February 26, in Abuja, said the presidential and National Assembly elections would take place on February 25, 2023; the governorship and state houses of assembly elections would follow two weeks later on Saturday, March 11, 2023.
Other dates contained in the publication of notice of election include: “Conduct of party primaries, including the resolution of disputes arising from them – Monday, April 4, 2022 to Friday, June 3,2022; “Submission of nomination forms to INEC via the online portal for Presidential and National Assembly election – Friday June 10, 2022 to Friday June 17, 2022.
In other words, political appointees seeking election in 2023 must resign before the primary polls. But some aspirants are refusing to follow the directive, perhaps hoping that the Appeal Court will vindicate President Buhari’s objection to Section 84(12) soon.
However, INEC insists that it is guided by the provisions of the Electoral Act as signed into law by President Buhari.
Investigation by The Nation revealed that about a dozen ministers in President Buhari’s cabinet are currently having to make choices on whether to quit their current political appointments before the primaries.
Party sources claimed the Senator Abdullahi Adamu-led NWC has been bombarded with questions by many of these aspirants and their supporters on what his position is on the matter. But the party, it was leant, has not been able to take a definite position on the issue owing to its complex nature.
A party source said: “They have been asking us to state a categorical position on the matter. They want to be able to quote the leadership when they take a position and it turns out contrary.
“They want to know what the party intends to do on the matter. But the current situation is that even the NWC cannot categorically say this is how the matter will be addressed. It is now a matter of litigation and we are not the judges.
“With the National Assembly and the Presidency refusing to back down on their positions on the controversial section, it is difficult for anybody to say this is how the matter will end.
“What is most likely for us is to ensure that we stay on the safest lane where, whatever happens, the collateral damages will not affect the party’s participation in the general election. It is better to err on the side of caution.
