Issued in Abuja: 10:30 am, Monday, 21st November 2022
The Nigeria Civil Society Situation Room (Situation Room) expresses concern over court orders directing political parties whose primaries were marred with irregularities, to conduct fresh primaries outside the stipulated period for the conduct of party primaries. Situation Room calls on the judiciary to respect the provisions of the Electoral Act 2022 regarding change of candidates by political parties.
Situation Room notes that several courts have ordered for fresh primaries to be conducted as in the cases of some Governorship primaries in Akwa Ibom State, Taraba State, Akoko South-East/Akoko South-west Federal Constituency in Ondo State, Abeokuta North, Obafemi-Owode and Odeda Federal Constituency in Ogun State, Askira- Uba/ Hawul Federal Constituency in Borno State, and several others.
It is our concern, that these court orders ordering fresh primaries may be in serious contradiction of the Electoral Act which provides timelines for carrying out specific electoral activities. Section 29(1) of the Act states that every political party shall, not later than 180 days before the date appointed for an election, submit to the Independent National Electoral Commission (INEC), the list of the candidates the party proposes to sponsor at the elections, who must have emerged from valid primaries conducted by the political party.
With the 2023 General Elections in view, Situation Room is further concerned that court orders made by judges should reinforce the spirit and intendment of the Electoral Act rather than be disruptive of the election preparations of INEC. At a recent public event, the Chief Justice of Nigeria, Hon. Justice Olukayode Ariwoola, had warned judges to operate within legal limits and their judicial powers, rather than engage in judicial rascality.
Situation Room calls on the Chief Justice of Nigeria and the National Judicial Council to act decisively in holding to account, Judges who exceed their judicial powers and mandate.
——————————-
SIGNED:
Ene Obi
Convener, Nigeria Civil Society Situation Room
Asma’u Joda
Co-Convener, Nigeria Civil Society Situation Room
James Ugochukwu
Co-Convener, Nigeria Civil Society Situation Room