INEC Complies With Court Order, Substitutes Labour Party’s Deputy Governorship Candidate For Edo Election

The Independent National Electoral Commission (INEC) has complied with the judgement of the Federal High Court in Abuja asking it to substitute the deputy governorship candidate of the Labour Party for the September 21 governorship election in Edo state.

INEC National Commissioner and Chairman of the Information and Voter Education Committee, Sam Olumekun told newsmen that the Commission has implemented the judgement of the Court.

A check on the INEC website indicates that the Commission has published the name of Yusuf Kadiri Asamah as the deputy governorship candidate of the party in line with the Court judgment in place of Mrs Faith Oluyinka Alofohai who was initially submitted as the deputy governorship candidate.

When the Commission published the final list of candidates earlier, the name of Mrs Faith Oluyinka Alofohai was contained in the list, but the leadership of the party in the state protested, saying they met all the requirements for the substitution.

The Federal High Court presided over by Justice Emeka Nwite had in a judgement delivered on June 27, 2024, directed the commission to accept and publish the name of Asamah saying the Labour Party was within its right when it nominated him as the running mate to its candidate, Olumide Akpata.

The Court held that the electoral umpire lacked the power to reject his nomination since the party acted within the ambit of the law and in line with the provisions of the Electoral Act and the Constitution.

According to the Judge, section 31 of the 2022 Electoral Act gave political parties room to demand the withdrawal of a candidate whose name has already been published within 90 days before the scheduled election, adding that there was evidence before the Court that the LP did not act outside the provisions of sections 29, 31, 32 and 33 of the Electoral Act.

In asking the commission to accept and publish the name of the candidate, the Court issued an order of perpetual injunction restraining INEC from publishing the name of any other person in his stead.

Recall that the Labour Party in Edo state had protested against the final list of candidates released by the Commission in April, insisting that it met all legal requirements for substituting its candidate.

In the final list published by the Commission on the 23rd of April, Mrs Faith Oluyinka Alofohai whose name was submitted by the Deputy Governorship candidate, even though the party said it had submitted the name of Barr. Yusuf Kadiri as her replacement.

According to the Edo governorship election timetable scheduled for September 21, political parties participating in the election had until 15th April to replace their candidate or for candidates to withdraw from the contest to allow for parties to replace them.

However, as of 23rd April when the Commission published the final list of candidates, the Labour Party had not replaced their Deputy Governorship candidate in what the state chapter of the party referred to as a technical glitch from the LP national headquarters.

Section 31 of the 2022 Electoral Act provides for the withdrawal of persons who have been nominated to participate in writing to the Commission.

The section states that the “candidate may withdraw his or her candidature by notice in writing signed by him and delivered personally by the candidate to the political party that nominated him for the election and the political party shall convey such withdrawal to the commission not later than 90 days to the election.

Also, Section 32(1)states that “the commission shall, at least 150 days before the day of the election, publish by displaying or causing to be displayed at the relevant office or office of the commission and on the commission’s website, a statement of the full names and addresses of all candidates standing nominating.

(2) Any registered political party that observes that the name of its candidate is missing on the list published in accordance (1) shall notify the commission in writing, signed by its national chairman and secretary, supported with an affidavit not later than 90 days to the election.

(3) Failure of the political party to notify the commission in accordance with subsection (2) shall not be a ground to invalidate the election.

Section 33 also states that A political party shall not be allowed to change or substitute its candidate whose name has been submitted under section 29 of this Act, except in the case of death or withdrawal by the candidate; Provided that in the case of such withdrawal or death of a candidate, the political party shall, within 14 days of the occurrence of the event, hold a fresh primary election to produce and submit a fresh candidate to the commission for the election concern.