Candidates’ substitution: ‘Go to court,’ INEC advises Machina, Onyejeocha, others

Independent National Electoral Commission (INEC) has advised aggrieved politicians who were alleged schemed out of the ballot ahead of the 2023 General Elections to head to court to seek redress.

The advice followed complaints by party candidates who alleged that their names have been substituted by their parties in the final list submitted to INEC even after winning the tickets at the various party primaries.

It would be recalled that the Member of House of Representatives representing Isuikwuato/Umunneochi Federal Constituency of Abia State, Nkeiruka Onyejeocha, and Bashir Machina who clinched the Yobe North Senatorial District ticket over serving Senate President, Ahmad Lawan, and others had, last week alleged that their names were substituted by their party, the All Progressives Congress (APC) in the final list sent to INEC ahead of the 2023 poll, last Friday.

Speaking as guest on Arise TV on Monday morning, INEC’s National Commissioner of Information and Voter Education, Festus Okoye, advised the aggrieved candidates to approach the court to seek redress, as, according to him, that was the only way the commission can reinstate them on the ballot.

Okoye who said he has not come across the final list of candidates submitted by political parties, said, however, 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.

“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.”

Meanwhile, Machina has already threatened to seek legal redress over alleged substitution of his name with that of the Senate President, Ahmad Lawan, in the list sent to the Independent National Electoral Commission (INEC) by the party on Friday.

Lawan’s name was uploaded on the commission’s server by the governing party alongside other senatorial candidates across the 36 states of the federation and the Federal Capital Territory (FCT).

Machina contested the Yobe North primary election on the platform of APC was duly returned elected in an exercise monitored by INEC and security agencies.

However, Lawan, who contested the presidential primary of the party and lost to Asiwaju Bola Ahmed Tinubu did not participate in the party’s senatorial primary in Yobe North senatorial district.

The APC had written INEC, informing the electoral body that the Senate president will be its nominee for the Yobe North senatorial seat, which Lawan currently represents.

Briefing journalists in Abuja, Machina appealed to the APC to correct the omission of his name, saying he would have no option than to seek legal redress if his name remains substituted with that of Lawan.

“In the list sent to INEC, my name was found to be misrepresented. I don’t know whether it was erroneous, my name was not in the list of the names that was said to be presented today to INEC. For the avoidance of doubt, I remain the candidate duly elected of the APC Yobe North zone C senatorial zone.

“I am the elected candidate; I did not withdraw for anybody and will not withdraw because as a matter of right that is the mandate given to me by members of our great party, the delegates. So surreptitiously removing my name, I consider, is very undemocratic, illegal and of course human.

“Insha Allah, I will take measures, first by reminding and appealing to my party that if this action is truly done, it should be corrected, especially if it is erroneously done. We are actually seeking redress from the National Working Committee of our party under the able leadership of Senator Abdullahi Adamu, the national chairman, that there is an anomaly and we need it to be corrected,” Machina said.