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2023: APC Risks Not Fielding Presidential Candidate As Amaechi, Ngige, Nwajiuba Refuse To Resign

The ruling All Progressives Congress is in a tight corner and risks losing out of fielding a presidential candidate for the 2023 election following the refusal of three ministers to resign their appointments 30 days before the primary election of the party.

The Party, in line with the Electoral Act (2022) as amended, during the week released its guidelines for all elective positions to enable aspirants to abide by it in order to prevent a repetition of what happened in Zamfara and Rivers States in 2019 respectively.

In Zamafara and Rivers States, the courts had ruled that APC did not conduct valid primaries based on its guidelines, the guidelines of the Independent National Electoral Commission, INEC, and the Electoral Act 2011 as amended citing the conduct of primary elections for the governorship and state houses of assemblies for having been done outside the stipulated time in the case of Zamafara.

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The trio of Ministers of Transportation, Labour and Productivity, and State for Education – Messrs. Rotimi Amaechi, Chris Ngige, and Chukwuemeka Nwajiuba – have picked up the party’s presidential forms to vie for the party’s presidential ticket slated for the 30th of June to 1st of May.

They have staved off all entreaties to resign, saying the electoral act is in conflict with the constitution.

Going by the date of the party’s primaries, the three ministers have until Saturday to resign or risk putting the chance of the party fielding any candidate for the 2023 presidential election in jeopardy.

According to the INEC, any aspirant not qualified to contest for any party’s primaries that takes part in the primary process will open up the party’s primary election to be declared illegal thus denying the party the opportunity of fielding candidates at the polls.

According to the INEC’s guidelines on the conduct of party primaries, political parties must adopt democratic means to elect their candidates or risk losing out fielding candidates.

“Political parties must adhere strictly to the principles of internal democracy, drawing from their constitutions, guidelines, the Electoral Act and other Regulations and Guidelines issued by the Commission,” INEC’s National Commissioner and Chairman, Information and Voter Education Committee, Mr. Festus Okoye advised.

“Their candidates for the 1,491 constituencies for which elections will be conducted in 2023 must emerge from democratic, transparent, and valid primaries, in line with the provisions of Sections 29 and 84 of the Electoral Act, 2022. Where a political party fails to comply with the provisions of the Act in the conduct of its primaries, its candidate shall not be included in the election for the particular position in issue,” Okoye warned.

The 2022 Electoral Act provides in Section 84 (12) that all political appointees seeking elective offices must resign ahead of any party primary they plan to participate in.

As a result, the APC, during the week released its guidelines stating that, “No political appointee at any level shall be a voting delegate or be voted for the purpose of the nomination of candidates.
“Any political office holder interested in contesting for an elective office shall leave office 30 days prior to the date of election of party primary for the office sought.
“Violation of any of these guidelines shall attract automatic disqualification.”
While Amaechi has, however, not purchased the N100m expression of interest and nomination forms to enable him stand for the April 30th presidential primary, Ngige and Nwajiuba who has obtained the forms, has said he will be guided by the constitution.

“But like I always say, I’ll be guided by the letters and spirit of the Constitution of the Federal Republic of Nigeria. You are pushing me into something that is not necessary to discuss, because that aspect of the law enacted by the National Assembly, via the Electoral Act, that section 84 (12) has been struck down by a court of law and the case is on appeal.

“And for now, no matter how bad the judgment is, that’s the maximum jurisprudence no matter how bad a judgment of court is, it should be obeyed, until upturned or stayed. But there is no stay, that particular pronouncement has not been upturned, and the party is on appeal.

“So, the judgment is still subsisting, that aspect of the law was injurious to some persons and should not have been there. I also know that the Constitution of Federal Republic of Nigeria in certain sections, section 107, 137 and 88, prescribe disqualification clauses for people who are going for election and that prescription is supreme, because it’s in the constitution and the constitution is the grundnorm of all laws.”
Ngige also denied knowing the existence of the party’s guidelines saying, “No, it’s not there. It is not in the works at all. But I will consult with the party and find out.”

For Nwajiuba, “The resignation of a minister or anybody who is in office is guided by the Constitution of the Federal Republic of Nigeria,” he said.

“’We are required to contest the election if we want. We are required to resign 30 days before any election we choose to contest. That is the position of the law. Every other person can have an opinion.
“My position is that the law of the country rests on the ground norm called Constitution.”

The spokesman of the APC, Mr Felix Morka did not respond to inquiries on if the party will wield the big stick and screen out the ministers and other aspirants who refuse to abide by its guidelines.

The APC holds its screening exercise on May 14th for the presidential primary going by its latest timetable for its primary elections. It has also scheduled Monday 23rd May for Screening by its Committee.

CHIBUIKE AMAECHIELECTORAL ACTindependent national electoral commissionInecINEC NIGERIA
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