Juliet Akoje in Abuja.
The New Nigeria People’s Party (NNPP) yesterday urged the Independent National Electoral Commission (INEC) to comply with the order of court that which ordered the commission to accept candidates submitted by the party to replace earlier candidates who had withdrawn from the contest provided that the party complied substantially with the provisions of the law.
The party also commended the Judiciary for its timely intervention in the electoral process which has helped to consolidate, deepen and strengthen the nation’s frail democracy and hailed the judgment of the Federal High Court Abuja delivered by Justice Zainab Abubakar on Friday November 11, 2022.
These were contained in a statement signed by the National Publicity Secretary of NNPP Dr. Agbo Major yesterday.
The statement said: “The court stated that INEC has no power to impose a candidate on the plaintiff (NNPP) nor can it stop any political party from replacing its candidates who have withdrawn from the contest not later than 90 days to the election, emphasizing that the commission’s timetable and schedule of activities for the 2023 general election is a subsidiary legislation pursuant to Section 148 of the Electoral Act 2022, and cannot supersede the substantive legislation, the Electoral Act 2022.”
“Justice Zainab Abubakar held that any provision of the timetable and schedule of activities for the 2023 general election that is inconsistent with the Electoral Act 2022 is null, void and without effect whatsoever to the extent of that inconsistency”
“The legal fireworks in which NNPP was represented by its National Legal Adviser, Barr. Robert Hon and INEC by Tanimu M. Inuwa (SAN), Alhassan Umar (SAN) Abdullaziz Sani (SAN), Bello (SAN) leading 16 more lawyers came to an end Friday November 11, 2022, paving way for our great party to replace all its candidates who withdrew from various elective positions after their names had been submitted to INEC. Some mischievously left the party to frustrate its chances of winning the seats they abandoned”
“They include Senator Ibrahim Shekarau, the party nominated to contest the Kano Central Senatorial District seat, a formidable NNPP’s stronghold in the State where its Presidential Candidate, His Excellency, Senator (Engr) Rabiu Musa Kwankwaso, Ph.D (FNSE) came from and was a two term Governor, which he transformed to a modern State with impressive state of the art infrastructure and human development, an eloquent testimony of his progressive leadership, tenacity of purpose and political sagacity”
According to the party ” Senator Shekarau’s political intrigue is well known, he joined our great party claiming to be a reformed democrat in search of a new Nigeria which only the NNPP can offer if voted into office in 2023. He was welcomed and offered the strategic Kano Central Senatorial District ticket, which he abandoned and joined another party with the fallacious assumption that NNPP would no longer field a candidate to replace him. Shekarau betrayed the confidence the party reposed in him and his co-travelers in political gymnastics”
“They include the party’s Yobe State deputy governorship candidate, Potiskum State Constituency candidate also in Yobe State and Taraba South Senatorial District candidate. They will all be replaced in compliance with the order of the Federal High Court Abuja on Friday November 11, 2022”
“By the order of court, INEC will now replace Senator Ibrahim Shekarau with Rufai Sani Hanga as the NNPP candidate for Kano Central Senatorial District.This is democracy in action. INEC should comply immediately with this clear order of court and stop dissipating energy and resources in wide goose chase in flagrant violation of the Electoral Act 2022 which is in force for 2023 general election”
“This landmark judgment is sweet music in the ears of all lovers of democracy, due process and rule of law in Nigeria. It reinforces the party’s confidence in the Judiciary being the last hope of all aggrieved citizens. It further inspires our strong belief in a new Nigeria which only the New Nigeria People’s Party can usher in if voted into power in 2023”
The statement further reads:
In Suit No: FHC/ABJ/CS/1632/2022, between NNPP and INEC dated and filed the same day, the Plaintiff sought for the determination of the following questions:
Whether upon proper interpretation of Sections 29(1), 31 and 33 of the Electoral Act, 2022, the Defendant has the Constitutional and statutory powers to prevent the Plaintiff from conducting fresh primaries and replacing their candidates who have voluntarily withdrawn the race to contest the 2023 General Election?”
“Whether upon proper interpretation of Sections 29(1), 31 and 33 read together with the Defendant’s Time Table and Schedule of Activities for 2023 General Election, the time lines in the Time Table and Schedule of Activities supercedes the time line in the Electoral Act, 2022. Whether upon proper construction/interpretation of Sections 29(1), 31 and 33 of the Electoral Act, 2022, the Defendant can lawfully refuse to accept the Plaintiff’s candidates to replace those that voluntarily withdrew their candidature and membership of the Plaintiff for the 2023 General Election?
” Whether by the combined interpretation of Sections 65(2)(b), 106(b), 177(c) and 187(1) and (2) of the 1999 Constitution of the Federal Republic of Nigeria, the Defendant can impose candidates who withdrew their candidature and resigned their membership of the Plaintiff on the Plaintiff?”
Furthermore, Upon the determination of the above questions in its favour, the Plaintiff claims the following reliefs: A Declaration that by virtue of the provisions of Sections 29(1), 31 and 33 of the Electoral Act, 2022, the Defendant does not have the Constitutional or statutory powers to prevent the Plaintiff from replacing it’s candidates that voluntarily withdrew their candidature for the 2023 General Election.
“A Declaration that the Independent National Electoral Commission’s Time Table and Schedule of Activities for 2023 General Election does not supercede the Electoral Act of 2022. A Declaration that by the virtue of Sections 65 (2)(b), 106(d), 177(c) and 187(1) and (2) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), the Defendant cannot recognize candidates who have withdrawn their candidature and resigned their membership of the Plaintiff as Plaintiff’s candidates for the 2023 General Election”
“An Order directing the Defendant to allow the Plaintiff to submit the names of all the candidates it has replaced with those voluntarily withdrew their candidature for the 2023 General Election. An Order directing the Defendant to accept and publish the names of all the candidates forwarded by the Plaintiff for replacement as the Plaintiff’s candidates for the 2023 General Election. And for such other Orders that the Honourable Court may deem fit to make that would meet the justice of the case”
Delivering judgement, Justice Z. B. Abubakar stated “For the avoidance of doubt, the Defendant’s it Time Table and Schedule of Activities for the 2023 General Election (Exhibit INEC1) being subsidiary legislation is subordinate to the Electoral Act, 2022 and the Constitution which has been made very clear by the clear provisions of Section 148 of the Electoral Act pursuant to which it was promulgated. See also the case of OLANREWAJU v. OYEYEMI (supra) and NJOKU & ORS v. IHEANATU & ORS (supra)”
“By the foregoing, all the four (4) questions submitted by the Plaintiff for determination are determined in the affirmative in favour of the Plaintiff. Consequently, all the five (5) reliefs sought by the Plaintiff are granted the Plaintiff as prayed”
“NNPP congratulate its candidates who won seats in the Niger States Local Government election last weekend despite malpractices that characterized the poll. It is a giant step forward to a new Nigeria of our dream”
NNPP, however, urged Nigerians to collect their voters cards, vote for NNPP candidates on election days, protect their votes and ensure they are counted and count in the overall results adding that the will and mandate of the people must be respected in all elections as power resides in the people.
“As a grassroots political party, NNPP is already cruising to victory as demonstrated by the mammoth crowds that welcome the party’s Presidential Candidate in all the States of the Federation he visited and other party activities.
“It is obvious Nigerians desire and deserve a better society and a compassionate leader to redirect the ship of the nation to the path of rectitude, progress, development and advancement. Together, we will rebuild our nation and once again make Nigeria the great arsenal of democracy in Africa”
