VOTING PERMUTATIONS CHANGE AS COURT OKAYS STATUTORY DELEGATES TO VOTE IN APC’s NATIONAL CONVENTION, OTHERS
While most Nigerians hounded members of the National Assembly for introducing ambiguity in Section 84(8) of the Electoral Act 2010 (as amemded 2022), regarding the “democratically elected” members of political parties voting in their various Congresses and Conventions, Senator Enyinnaya Abariba, Senator representing Abia South District was emphatic that the said Section did not by any means exclude Statutory Delegares. The vocal Senator revealed that the People’s Democratic Party (PDP), his Party at the time, chose to give narrow interpretations to Section 84(8) by excluding Statutory Delegates. Many had argued that the National Assembly members while targeting to “deal” with the Executive Arm of Government, shot themselves.
Below is Abaribe’s position as at 21st May, 2022
“There was no amendment that has led to the wrong interpretation of the Electoral Act section 84(8) by our NWC.
Every party has a constitution and parties are bound by their constitution. What this means is that the persons that should vote in primaries are well spelt out in their constitutions.
Section 84(8) of the electoral act states that “elected delegates” will vote in primaries and conventions.
It will be subject to judicial interpretation if someone challenges it. It was to prevent such unnecessary litigation that NASS did an amendment to define what it means by elected delegates to include what is specified in the parties constitutions.
That our party chose to define it that narrowly was a function of a meeting last couple of days between NWC and PDP Governors without Nass members who actually would have provided more insight into it.
So you can see that it has nothing to do with any conflict(s) between legislature and executive”.
The Federal High Court seems to agree with Abaribe’s position.
A Federal High Court sitting in Kano has ruled that statutory delegates are constitutionally qualified to participate in all meetings, Congresses and conventions of any registered political party in Nigeria.
Sen. Mas’ud El-Jibrin Doguwa, Hon. Habibu Sani and Hon. Bilyaminu Yusuf Shin’Kafi, (all aspirants of the ruling All Progressive Congress (APC) at the just- concluded National Assembly primaries, had filed a suit challenging the disenfranchisement of statutory delegates from participating in the primary elections.
This ruling has altered once again and perhaps very fundamentally the composition of APC delegates to the June 6-8 presidential primary election and the voting permutations, that is if President Buhari does not push through the election of his anointed candidate through consensus.
The suit marked FHC/KN/CS/13712022, has the Senate President, Ahmad Lawan; National Chairman of APC, Senator Abdullahi Adamu; Speaker of the House of Representatives, Rt. Hon. Femi Gbajabiamila and the Independent National Electoral Commission (INEC) as defendants.
The plaintiffs in their originating summons dated 23rd May, 2022 and filed on the 24th May, 2022, prayed the court for a declaration of the Court, “that section 84(8) cannot be interpreted to have excluded statutory delegates from voting at the convention, congress or meeting by virtue of section 223 of the 1999 Constitution (as amended) and Article 20(iv)(c) of the All Progressive Congress (APC) Constitution, which allow Statutory Delegates to vote at convention, congress or meeting.”
The 2nd defendant, Adamu, filed a counter affidavit in opposition to the originating summons dated 1st
But the 1st, 3rd and 4th defendants did not file any process in the suit.
Delivering judgment on the suit on Friday, 3rd June, 2022, the presiding judge, Hon. Justice A.M Liman, held that, “Section 84(8) cannot be interpreted to
have excluded statutory delegates from voting at the convention, congress or meeting, by virtue of Section 223 of the 1999 Constitution (as amended) and Article 20(iv)(c) of the All Progressive Congress (APC) Constitution, which
allow Statutory Delegation to vote at convention, congress or meeting.”
The implication of this judgment is that all the statutory delegates of each political parties shall participate in the subsequent Congresses and conventions, especially, the forthcoming national convention if the APC.
Statutory delegates in this context include, ward, local government, state and national executives of the party, including past executives, as the guidelines of the party deem fit.
Others include, the President, Vice President, former Presidents, former vice Presidents who are members of the party; Governors, deputy Governors, former Governors, former deputy Governors, Council Chairmen, serving Councilors and past Council chairmen who are members of the party, as may be decided by party guidelines.
Those captured in the statutory delegates cadre also also include, serving and past members of the National Assembly of the party; though Ministers, Commissioners, Supervisory Councillors and other political appointees are excluded in the newly signed electoral Act
@Eruba Gibson Chibuike
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