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The Independent National Electoral Commission, INEC, has explained the only way Senate President, Ahmad Lawan, and others who didn’t contest the primaries could return to the Senate in 2023.
INEC explained that unless the individuals who won the primaries or legally nominated by their parties withdraw from the race.
Although the INEC’s National Commissioner of Information and Voter Education, Festus Okoye, who appeared on Arise TV on Monday morning, said he has not come across the names of candidates submitted by political parties, viral report has it that the All Progressives Congress, APC, in Yobe North Senatorial District has replaced the name of Bashir Machina with that of Lawan.
Machina had contested Yobe North senatorial district and won at the time Senate president Ahmad Lawan was slugging it out in the All Progressive Congress (APC ) presidential primary election.
Okoye said that the Commission monitored and has the reports of all the senatorial and House of Representatives primaries, adding that properly nominated candidates must write to INEC with a sworn affidavit, asking for a fresh primary, which would be conducted within 14 days before a replacement can be made.
“I completely agree with you that someone who has not contested party’s primary should not be in a position to be nominated as party’s candidate,” Okoye said.
“But now the Independent National Electoral Commission is not in a position as at now to make a determination in relation to what you’re saying or to make a determination in relation to whose name was submitted by a political party.
“The Commission monitored the primaries of different political parties. Their senatorial and House of Representatives primaries and we have our reports. So if somebody emerged from the party primary and someone else’s name is submitted, it is the duty of that particular individual to utilise Section 285 of the Constitution, Section 84 and 29 of the Electoral Act to seek redress in a constituted court of law.
“Moreover, what the law provides is that at the end of this nomination process, if any of the candidates that have been properly and constitutional nominated withdraws in writing and sworn affidavit that the ‘political party that nominated me must and shall conduct fresh primaries within the period of 14 days and then make such replacement.’
“Then the person must do this through a letter submitted to the political party that nominated him with an affidavit indicating that he or she has voluntarily withdrawn. So that is the state of the law as at today.”