Following the decision of the Independent National Electoral Commission, INEC, to allow the All Progressives Congress, APC, to substitute its candidate for the supplementary election slated forSaturday December 5, Attorney General of the Federation, AGF, and Minister of Justice, Abubakar Malami has thrown his weight behind INEC’s decision.
Speaking on Tuesday in Abuja at a seminar organized by the Nigerian Law Reform Commission, NLRC, on the review of the National Environmental Standards and Regulation Enforcement Agency (Establishment) Act, he stressed that Abubakar Audu’s demise has not in any way created a constitutional log jam.
He said Sections 33 and 221 of the Electoral Act stated that the vote cast belongs to the political party and not the candidate of the party.
- “The issue is very straightforward. Fundamentally, Section 33 of the Electoral Act is very clear that in case of death. The right for substitution by a political party is sustained by the provisions of Section 33 of the Electoral Act.
“And, if you have a community reading of that Section with Section 221 of the Constitution, which clearly indicates that the right to vote is the right of a political party and, the party in this case, which is the APC has participated in the conduct of the election.
“It is therefore apparent that the community reading of the two provisions does not leave any room for conjecture. APC, as a party, is entitled to substitution by the clear provisions of Section 33 of the Electoral Act.
“Also, Section 221 of the Constitution is clear that the votes that were cast were cast in favor of the APC.
“Arising from that deduction, it does not require any legal interpretation. The interpretation is clear, APC will substitute, which right has been sustained by Section 33 of the Electoral Act. So be it.
“The supplementary election has to be conducted along the line. It all depends on the appreciation of issues arising from the primaries conducted before now.”
On if Audu’s running mate should be substituted as the flag bearer for the APC, Malami hinted that except a fresh primary is conducted, the second runner up in the primaries that produced late Audu (Yahaya Bello) should be made the flag bearer.
“There was a first and a second candidate. The primaries that had taken place over time had not by anyway been nullified. And it is recognized by law.
“But then, a further consideration would be the idea of conducting another primary, but that is not envisaged in view of the sustainability of the first primaries,”
However political permutations within the APC and amongst its leaders are in favor of Audu’s Deputy James Faleke who is said to be a protégé of party leader, Ahmed Tinubu.
Post Nigeria.
Strange Decision. Expecting strong reactions from PDP and some Legal heavyweights.
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