Just In: Sen Emma Nwaka Drags PDP, INEC and Okey Ahaiwe to Court

Former Abia State PDP Chairman and 2022 PDP gubernatorial aspirant, Senator Emma Nwaka, has dragged his party to Abuja Federal High Court. Emma Nwaka is seeking the Court to sanction the PDP over infractions in the conduct of the February 4, 2023, rerun primary election. The rerun, which was held at the Umuahia Township Stadium produced Okechukwu Ahiwe as replacement for late Prof. Uche Ikonne.

In the suit filed on Thursday, February 16, 2023, Senator Nwaka is seeking an order for a rerun that would involve only those that participated in the primary election of May 25, 2022, or the quashing of the rerun primary that produced Ahiwe.

The defendants in the suit filed on behalf of Nwaka by an Abuja Law firm; Ikechkwu Ezechukwu SAN & Co., are PDP, the INEC and Okechukwu Ahiwe.

In a related development, the Deputy Governorship Candidate of the Peoples’ Democratic Party PDP in Abia State Barrister Okey Igwe has reacted to his replacement by the party with another Candidate, Dr. Gasper Uche.

Reacting to a report in the LEADESRHIP in Umuahia, Barrister Igwe described his replacement by PDP as a nullity. Igwe, however, called on his supporters to remain calm in the face of the substitution.

He was quoted to say, “I wish to use this medium to thank all my supporters, fans and all Abians of goodwill for your phone calls and show of concern in the face of attempted substitution of my candidature.”

Barrister Igwe described the substitution as a perfidy that shall surely fail. He maintained that his candidature subsists in accord with the constitution and the Electoral Act.

Igwe bemoaned that he had committed his soul, resources and energy to the course of victory for the party since his nomination and he had accepted the death of Prof. Uche Ikonne albeit painful, as the will of God.

Barrister Igwe blamed the substitution of his name by certain entrenched interest that were not disposed to what Prof Ikone and himself represented towards charting the course of a new, sustainable Abia.

Igwe warned that these elements should exercise caution and understand that their action is unlawful. He maintained that any attempt to unlawfully subvert his candidature would fail. Barr. Igwe noted that the development at least would render PDP Abia State gubernatorial candidature inchoate.

Barrister Igwe argued that the substitution is tantamount to pulling the rug from under his feet. He, however, charged his supporters to remain law-abiding.

It should be recalled that both late Prof. Uche Ikonne emerged as the winner of the Peoples’ Democratic Party Gubernatorial Primary in Abia State and nominated Barrister Okey Igwe as his running mate.

It is worthy of note that by their nominations, both Prof. Ikonne and Okey Igwe fulfilled Sections 177 and 187 of the 1999 Constitution as amended, which therefore means that the issue of validity or disqualification of their candidacy does not arise.

Though there are divergent opinions on the position of the Deputy Governorship candidate in the PDP Abia State. Some hold that there should be a fresh Primary to choose a new Governorship and Deputy Governorship Candidates because the Deputy Governorship Candidate is also dead in law as the late Governorship. Others held that the Deputy Governorship candidate is to step into the shoes of the Governorship Candidate and nominate a running mate since they have a joint candidacy.

However, INEC had gone ahead and directed PDP to organize a new Primary within 14 days. And to submit the names of the new Governorship and Deputy Governorship Candidates to the commission. This directive is predicated on Section 33 of the Electoral Act 2022 which, provides that:

“A political party shall not be allowed to change or substitute its candidate whose name has been submitted under Section 29 of the 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 affected shall, within 14 days of the occurrence of the event, hold fresh primary election to produce and submit a fresh candidate to the Commission for the election concerned.

Section 34 of the Act provides inter alia:

If after the time of the delivery of the nomination paper and before the commencement of the poll, a nominated candidate dies, the Chief National Electoral Commissioner shall being satisfied with the facts of death, countermand the poll in which the deceased candidate was to participate and the Commission shall appoint some other convenient date for the election within 14 days.

The list of voters to be used at a postponed election shall be the official voters’ register which was to be used if the election had not been postponed.

If after the commencement of polls and before the announcement of the final result and declaration of a winner, a candidate dies.
The Commission shall, being satisfied of the fact of the death, suspend the election for the period of not more than 21 days and
In the case of election into legislative House, the election shall start afresh and the political party whose candidate died may if it intend to continue to participate in the election, conduct a fresh primary within 14 days of the death of its candidate and submit the name of a new candidate to the Commission to replace the death candidate.

The Act further added that in the case of Presidential or gubernatorial or Federal Capital Territory Area Council election, the running mate shall continue with the election and nominate a new running mate.

In the PDP Abia State scenario, some hold the view that since the election has not commenced; the Peoples’ Democratic Party must conduct a fresh primary within 14 days and submit the names of the candidates to the Commission.

While some maintain that the Deputy Governorship Candidate should assume the position of the Governorship and nominate his running mate. This school of thought based their view on the grounds that the Candidacy is a joint one. They lay claim to the Provision of Section 34, that applies to Subsection 1-3. They maintained this should apply since the draftsman did not clearly state that it applies only to Subsection 3.

The Supreme Court in Peoples’ Democratic Party &Ors v. Biobarakuma Degi-Eremienyo &Ors (2021) 9NWLR(Pt. 1781) at pg. 274 SC explained the nature of the Candidacy of Governorship and Deputy Governorship as a joint ticket. Ejembi Eko JSC in delivering the judgment, particularly at pg. 293, paragraph B-C stated thus:

“The sum total is that the joint ticket of the 1st and 2nd respondents sponsored by the 1st respondent was vitiated by the disqualification of the 1st respondent. Both candidates disqualified are deemed not to be candidates at the governorship election conducted in Bayelsa State.”

This means that the death of one does not vitiate the candidacy of the other. So far both were validly nominated as joint Candidates. It is only the disqualification of one that affects the other being a joint ticket. The idea is that upon the death of either the Governorship or Deputy Governorship Candidate, the Political Party is still on the ballot.

It can, therefore, be observed that the new Electoral Act in an attempt to put the controversy usually generated by the death of a candidate before or after the election to rest has also left a few issues unresolved. That might be what Senator Emma Nwaka wants to achieve.