Ajiroba Daniel Wrote: In this case, many of us will stand with the Yewa people. We are going to turn ourselves to legal experts and pursue it to logical conclusion. The matter at hand can be likened to Rotimi vs Omehia case… In the Supreme Court judgment with Suit No; S.C. 225/2007 between Rotimi Amaechi (Appellant) VS INEC/Celestine Omehia/PDP (Respondents). The summary of the facts of his case; Amaechi, as a member of PDP, in his quest to be the Governorship candidate of the party, in the April, 2007 elections in Rivers State, contested the Party Primaries against seven other members of the PDP. They competed for a total of 6,575 votes. Amaechi had 6,527 votes to emerge the winner. Omehia was not one of the candidates at the PDP Primaries. The PDP submitted Amaechis name to INEC as its Governorship candidate. No court of law subsequently made an order disqualifying Amaechi from contesting the Governorship elections. PDP however substituted Omehias name for Amaechis without giving cogent and verifiable reason for the substitution as required by the Electoral Act, 2006 Substituting a candidate is only available to a political party and/or the Independent national Electoral Commission (INEC) under the Electoral Act, 2006 only if the candidate is disqualified by a Court Order. 1. Under Section 32(5) of the Electoral Act, 2006 it is only a Court of law, by an order that can disqualify a duly nominated candidate of a political party whose name and particulars have been published in accordance with Section 32(3) of the electoral Act, 2006. 2. Under the electoral Act, 2006, Independent national Electoral Commission (INEC) has no power to screen, verify or disqualify a candidate once the candidates political party has done its own screening and submitted the name of the Plaintiff or any candidate to the Independent National Electoral Commission (INEC). 3. The only way Independent National Electoral Commission (INEC) can disqualify, change or substitute a duly nominate candidate of a political party is by Court Order. 4. Under section 32(5) of the Electoral Act, 2006 it is only a Court of law, after a law suit, that a candidate can be disqualify (sic) and it is only after a candidate is disqualify (sic) by a Court order, that the Independent National Electoral Commission (INEC) can change or substitute a duly nominate candidate.
Posted on: Wed, 17 Dec 2014 10:41:45 +0000
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