The Attorney General of the Federation and Minister of Justice (AGF), Abubakar Malami (SAN), has asked the Independent National Electoral Commission (INEC) to postpone the governorship, National and State Houses of Assembly elections in Zamafara state in order to allow the All Progressive Congress (APC) time to participate in the polls.
The AGF predicated his request on the provisions of sections 38 and 39 of the Electoral Act, 2010 (as amended) as well as the judgment of the Court of Appeal, in appeal No. CA/S/23/2019, All Progessive Congress v. INEC & 5 others, which he stated has nullified the cancellation of the APC primaries in Zamfara state by the Commission.
In his February 13 letter to the INEC Chairman, Prof. Yakubu, with reference No. MJ/DSD/03, Malami urged the electoral body to, in the circumstances, consider the provisions of sections 38 and 39 of the Electoral Act,, which allows it the latitude and discretion to extend the time within which a political party may duly field a candidate for an election “where unforeseen circumstances constrained such a party from doing so within the stipulated time frame.”
The letter was titled: ‘Re: The need to urgently consider sections 38 and 39 of the Electoral Act, 2010, and extend the time for the All Progressive Congress Zamfara State to field a gubernatorial candidate for 2019 governorship election in the light of the Zamfara High Court judgment in suit No: ZMS/GS/52/2018–Sanusi Liman Dan-Alhaji and 37 ors V APC and 144 ors; and appeal No: CA/S/23/2019.’
It reads:
“My office received a petition from the firm of M.A. Mahmud, SAN & Co in respect of the above subject matter, requesting that the subsisting judgment in suit No: ZMS/GS/52/2018–Sanusi Liman Dan-Alhaji and 37 ors V APC be upheld and respected by INEC as the Court of Appeal has upheld the appeal in appeal No: CA/S/23/2019, thus effectively annulling the grounds upon which the purported cancellation of the APC primaries in Zamfara state by INEC was based.
“You may wish to recall that the Zamfara State High Court upheld the Zamfara APC primaries in the suit mentioned in the first paragraph above, held on the 3rd and 7th October, 2018 for the governorship and the National and State Legislative Houses.
“You may further wish to recall that in suit No. FHC/ABJ/CS/1279/2018- APC v INEC & 5 ors, the federal high court held that the nullification of the said Zamfara APC primaries by INEC was lawful. However, this decision has been upturned in appeal no: CA/S/23/2019. In the circumstances and in consideration of sections 38 and 39 of the Electoral Act, 2010, the law allows INEC the latitude and discretion to extend the time within which a political party may duly field a candidate for an election “where unforeseen circumstances constrained such a party from doing so within the stipulated time frame.”
Section 38 of the Electoral Act, 2010 states:
“Where at the close of nomination, there is no candidate validly nominated, the Commission shall extend time for the nomination and fix a few date for the election.
Section 39 of the Act reads:
“Subject to any other provisions of this Act, if after the latest time for delivery of nomination papers, and the withdrawal of candidates for an election under this Act, more than one person remain validly nominated, a poll shall be taken.
“In this particular instance, constraining circumstances that led to the delay in fielding a candidate were caused by INEC’s refusal to comply with the Zamfara State High Court judgment in the aforementioned suit to uphold the primaries as held. Moreover, INEC cannot foreclose the right of a political party to participate in election without recourse to the Act. By the doctrine and principle of judicial precedent, the appeal supersedes the Federal High Court position in suit no: FHC/ABJ/CS/1279/2018 -APC v INEC & 5 ors.
“In view of the fact, now that the Court of Appeal has upheld the primaries as valid, the APC in Zamfara State will need a little time to catch up with its contemporaries in the election. Granting them this concession is not necessary a favour but a right that inures to all contestants under similar circumstances.
“Consequent, on the above, INEC is invited to comply with the judgment of the Court of Appeal by admitting the result of the APC Zamfara state primaries and also comply with the provisions of section 38 of the Electoral Act which empowers INEC to postpone the election for the governorship, National and State Houses of Assembly election.”