2023: INEC rules out Gov. Ayade from Cross River North senatorial poll

Independent National Electoral Commission (INEC) has ruled out the Cross River Governor and former Presidential aspirant of the ruling All Progressives Congress (APC), Prof Ben Ayade, from the state’s North Senatorial zone contest in 2023.

Ayade who vied for the APC’s presidential ticket but failed turned to secure the senatorial ticket of the party for Cross River North senatorial zone following the withdrawal Mr Martins Orim, who had won the ticket at the May 28 party primary witnessed by INEC officials.

However, speaking as guest of a Channels Television breakfast programme, Sunrise Daily, INEC’s Resident Electoral Commissioner (REC), Mike Igini, pointed out that the APC should have notified the electoral umpire at least 21 days before conducting its party primary as stipulated in the Electoral Act 2022.

According to Igini, the party should also have notified INEC before conducting its re-run, instead, ‘the memo was only served on the 6th and the election was conducted on the 13th of July, which is against the commission’s guidelines.’

“Secondly, only death is statutory for the substitution of candidates as INEC has no room for placeholders in the electoral act,” the INEC’s REC added.

Igini further stressed that it is an offence under the electoral act 2022 for politicians to obtain multiple nomination forms.

“A person who signs a nomination paper or result form as a candidate in more than one constituency at the same election [commits an offence and is liable on conviction to a maximum term of imprisonment for two years], section 115 (D) of the electoral act 2022 reads,” Igini said.

The INEC chief noted that by ‘constituency,’ the Electoral Act 2022 refers to separate elections whether it is presidential, governorship, senatorial, the House of Representatives or that of the state Assembly.

He said any candidate who runs afoul of this law is liable to be jailed for two years, and that section 115 (3) even states that any attempt to obtain multiple forms is an offence.

“Section 115 (D) of the 2022 electoral act stipulates that no person shall sign, obtain more than one form as a candidate for different elections.

“And the offence for that under subsection K, beyond the financial, he will go two years’ imprisonment.

“Some people are claiming that they participated in one election, that they filled two forms; it’s ignorance of the law and it’s not an excuse.

“We are preventing them from being candidates for prison and they are calling our names everywhere.

“There are many candidates that have done this. INEC can only point you in that direction; that’s what we can do.

“People walk their way to prison when they say that they bought two forms. Section 115 (D) prohibits that.

“In fact, subsection 3 of 115 says that even that attempt itself will be treated as the offence.

“If you bought two forms for different constituencies at the same time as a candidate. If they bought two forms like we have been hearing, they have run afoul of the law already.

“Because a state assembly election is a constituency, House of Representatives is a constituency, senatorial is a constituency, governorship is a constituency, presidential is one constituency.”

It would be recalled that Ayade, penultimate Thursday, emerged candidate of the APC for Cross River North senatorial candidate for the 2023 poll.

Ayade, who emerged unopposed, was elected at a fresh primary election at the Ogoja Local Government Area (LGA) of the State. The election followed the voluntary withdrawal of Mr Orim, who won the ticket at the May 28 primaries.