INEC rejects Ezekwesili’s withdrawal from presidential race; Appeal Court upholds Donald Duke’s candidacy

Robert Awokuse

The Independent National Electoral Commission (INEC) has said it is too late for any candidate to withdraw from contesting any position in the upcoming elections.

INEC said this while reacting to the withdrawal of Oby Ezekwesili as presidential candidate of the Allied Congress Party of Nigeria (ACPN).

This is as the Court of Appeal in Abuja has declared former governor of Cross River state, Mr. Donald Duke, the presidential candidate of the Social Democratic Party, SDP.

The appellate court set aside the judgment of an Abuja High Court which declared Prof. Jerry Gana, former information minister, the party’s presidential flagbearer.

Dr. Ezekwesili had announced her withdrawal on Thursday, saying she wanted to give room for a coalition against candidates of the Peoples Democratic Party (PDP) and All Progressives Congress (APC).

But reacting via a statement, Rotimi Oyekanmi, chief press secretary to the INEC chairman, said November 17 was the last date for withdrawal.

The statement read: “It is impossible for any presidential candidate to withdraw from the race now. According to the Timetable and Schedule of Activities for the 2019 General Elections, the last day for withdrawal by candidates or replacement of withdrawn candidates by political parties was 17th November, 2018 for Presidential and National Assembly Elections.

“The deadline for Ezekwesili or any candidate in that category to withdraw or be replaced has passed.”

Section 35 of the electoral act, which gives deadline for withdrawal from any election, states: “A candidate may withdraw his candidature by notice in writing signed by him and delivered by himself to the political party that nominated him for the election and the political party shall convey such withdrawal to the Commission not later than 45 days to the election.”

The Court of Appeal, which declared Duke presidential candidate of the SDP also awarded N500,000 cost against Prof. Gana.

Duke had approached the Court to reverse the decision of the lower court which held that he was not the authentic candidate of the party, having emerged from a process said “to be contrary to the party’s provision for the primary election.”

The three-man panel held that the application is illegal and unconstitutional, which ought not to have been entertained by the lower court.

The court held that the position of Gana in section 18 of the party’s amended constitution contravenes the electoral acts stipulation for the validity of a candidate in any election.

The court also held that the amendment relied upon by Gana did not take effect until October 8, 2018, two days after its ratification and the election of Duke as the party’s candidate was in line with section 222 of the electoral act.

Recall that an Abuja High Court sitting in Abuja, had on December 14, 2018, declared Gana winner of the presidential primary election of the SDP.

Hussein Baba-Yusuf, the judge, had nullified the candidacy of Duke as the party’s flagbearer.