By Harry Awurumibe, Editor Abuja Bureau
Human rights lawyer, Femi Falana has cautioned the Independent National Electoral Commission (INEC) not to promote pre-elections litigation by encouraging imposition of candidates by political parties ahead of the 2023 general elections.
Falana, a Senior Advocate of Nigeria (SAN) made his views known in a letter to the Commission in the aftermath of the recent media statement attributed to an INEC National Commissioner Mallam Mohammed Haruna who was quoted as claiming that the “Commission has no powers to reject names sent by political parties”.
He was also quoted to have insisted that “primaries are the sole prerogatives of parties, adding that “INEC’s responsibility is merely to monitor the primaries and make sure they abide by their own regulations, the Electoral Act & the Constitution.”
Mallam Haruna’s position was however at variance with the view of Akwa Ibom State Resident Electoral Commissioner (REC), Barrister Mike Igini who has insisted that aspirants who did not participate in their parties’ primary elections will not be allowed to stand for elections.
But Falana has thrown his weight behind the Akwa Ibom REC by explaining that Nigeria Electoral Act 2022 Section 84 (13) has made it clear that where a political party fails to conduct a valid primary election supervised by INEC, the result from such exercise will not stand.
Speaking further, the Lagos lawyer stated that the INEC National Commissioner (Haruna) may still be hoping that Section 31 of the repealed Electoral Act 2010 (as Amended) Section 285 (14) (b) and (c) of the 1999 Constitution (as Amended) are still in operation.
Said he: “Under the Nigerian Constitution and Electoral Act 2022, INEC has undoubted powers to reject candidates that did not emerge from valid primaries like former presidential aspirants, Senators Godswill Akpabio of Akwa Ibom and incumbent Senate President, Ahmad Lawan”.
Falana therefore urged INEC not to be misled to shirk to its statutory duty to sanitise the democratic process.
“INEC should desist from promoting pre-election litigation by falling to exercise its enormous powers under the Electoral Act and the Constitution”, Falana wrote.
Meanwhile, INEC is yet to make an official statement on the various media reports that the Commission has compiled a list of candidates for different elective offices in the 2023 General Elections.
