From Okwe Obi, Abuja

The New Nigeria’s People Party (NNPP) had accused the Independent National Electoral Commission (INEC) of refusing to replace four of its candidates who voluntarily withdrew from participating in the general poll, despite court order.

The party noted the INEC blatant disregard to the mandate of the court was politically motivated which will not stand the test of time.

NNPP’s National Publicity Secretary, Agbo Major, at a press conference yesterday in Abuja, said the names of were submitted on 12th September 2022, after an earlier one on 30th August 2022.

The affected names and states are; Kano: Kano Central Senatorial District, Sen. Rufai Hanga replaced Ibrahim Shekarau, Taraba: Taraba South Senatorial District, Murtala Garba replaced Ibrahim Mikra.

In Yobe: Adamu Mohammed replaced Yahaya Gamaje as Deputy Governorship candidate and Potiskum Central House of Assembly, Zakari Yau Hassan replaced Mohammed Seidu Maikifi.

“It is unfortunate that the Independent National Electoral Commission (INEC), a veritable symbol of the nation’s democracy currently preparing to conduct the 2023 general election can show utter disrespect, disregard and disdain to the clear orders of the Court of Appeal and the Federal High Court directing it to accept the names of the fresh candidates submitted to it by the party to replace those that withdrew their candidature and resigned from the party.

“In awkward display of partisan politics unbecoming of an electoral umpire, INEC is yet to accept NNPP candidates submitted to it on 12th September 2022, after an earlier one on 30th August 2022. They are:

“Kano State: Kano Central Senatorial District, Sen. Rufai Hanga replaces Ibrahim Shekarau.

“Taraba State: Taraba South Senatorial District, Murtala Garba replaces Hon Ibrahim Mikra.

“Yobe State: Adamu Mohammed replaces Yahaya Gamaje as Deputy Governorship candidate,

“Potiskum Central House of Assembly, Zakari Yau Hassan replaces Hon Mohammed Seidu Maikifi,’ he said.

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Major explained that Pursuant to Sections 31 and 33 of the Electoral Act 2022, the party held fresh primaries to fill the above vacant slots in Kano Central Senatorial District on Thursday 8th September 2022, Taraba South Senatorial District, as well as Yobe Potiskum Central House of Assembly (except the Deputy Governorship seat of Yobe State where no election is needed).

He added that INEC’s turndown was a grand plot to deliberately sabotage the NNPP and deprive the party the opportunity to field candidates for the positions.

According to him, “the party approached the Federal High Court Abuja Division on 12th September 2022, by an originating summons on whether upon proper interpretation of Sections 29(1), 31 and 33 of the Electoral Act 2022, the Defendant (INEC) has the constitutional and statutory powers to prevent the Plaintiff (NNPP) from conducting fresh primaries and replacing their candidates who have voluntarily withdrawn from 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 Timetable and Schedule of Activities for 2023 general election, the time lines in the Timetable 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(d), 177(c) and 187(1) and (2) of the 1999 Constitution of the Federal Republic of Nigeria, the Defendant (INEC) can impose candidates who withdrew their candidature and resigned their membership of the Plaintiff on the Plaintiff?

“NNPP sought an order directing INEC to allow the party to submit the names of all the candidates it wants to replace with those who voluntarily withdrew their candidature for the 2023 general election and publish their names.

“Delivering judgement in Suit No. FHC/ABJ/CS/632/2022, on 11th November 2022, Hon Justice Z B. Abubakar stated that, the candidates who withdrew their candidature and resigned their membership of the Plaintiff cease to be the Plaintiff’s candidates/or members as such the Defendant (INEC) cannot impose them on the Plaintiff, stressing that the action of INEC in imposing those candidates on the NNPP is an assault on the extant provisions of Sections 65(2)(b), 106(d), 177(c) and 187(1) and (2) of the 1999 Constitution which made it mandatory that, for a person to be qualified to contest election, he must be a member of a political party and sponsored by that political party. Justice Abubakar granted the five reliefs sought by the party.

“In a well calculated effort to frustrate the party, INEC appealed the judgement of the Federal High Court in appeal number CA/ABJ/CV/1295/2022. In its judgement delivered on 3rd January 2023, by Hon Justice I. B. Gafai, the Court declared: “On the whole therefore, both issues having been resolved against the Appellant (INEC), this Appeal ends as one without merit, liable to be and is hereby dismissed.

“The judgement of the lower Court is thus affirmed.” Justices Hamma Akawu Barka and Muslim Sule Hassan also in the panel dismissed INEC appeal as lacking in merit.

“It is this clear judgement and order of the appellate court on 3rd January 2023, that INEC has refused to comply with and dissipate energy and resources on wild goose chase to frustrate NNPP from fielding candidates for these positions. It is unacceptable, unjust and unpatriotic.

“The party demands immediate replacement of its former candidates who voluntarily withdrew from the party as directed by the Court of Appeal. INEC cannot impose candidates on our great party. It is unfair, anti-democratic and impunity of the worst order.”