The Independent National Electoral Commission has asserted that no candidate violated the provisions of Section 115 of the Electoral Act 2022 relating to the nomination of candidates.
INEC’s National Commissioner and Chairman, Information and Voter Education Committee, Festus Okoye, said this in an interview with The Punch on Tuesday.
The commission explained that it is not vested with the power of arrest and investigation of criminal matters relating to elections.
Okoye said this in reaction to reports that the President of the Senate, Ahmad Lawan; Governor Ben Ayade of Cross River State; Dave Umahi of Ebonyi State and some others who obtained multiple forms ought to have been arrested as defined in Section 152 of the Electoral Act.
Lawan, Ayade and Umahi who purchased presidential nomination forms on the platform of the All Progressives Congress also bought senatorial forms under the same platform.
Section 115(1) (d) of the Act provides that any person who signs a nomination paper or result form as a candidate in more than one constituency at the same election commits an offence and is liable on conviction to a term of imprisonment.
Section 152 of the Act defines a candidate to mean a person who has secured the nomination of a political party to contest an election for any elective office.
Reacting, Okoye said those who obtained and signed multiple forms were aspirants and not candidates as defined by Section 152 of the Electoral Act.
He said, “Before someone will come within the compass and contemplation of the law as a candidate, the political party must conduct valid primaries and the sponsoring party must upload the list or information relating to the candidates they intend to sponsor to the commission’s candidates nomination portal and this is in compliance with Section 29(1) of the Electoral Act, 2022.
“Thereafter, the personal particulars of the candidates will be displayed in the constituencies where they intend to contest the election and this is for claims and objections.
“After this process, the candidates will now fill nomination forms (Forms EC13A, EC13B, EC13C, EC13D and EC13 E) in compliance with Section 30(1) of the Electoral Act. Section 30(1) of the Act provides that a candidate for an election shall be nominated in writing by such number of persons whose names appear on the register of voters in the constituency as the commission may prescribe.
“This is the process covered by Section 115(d) of the Electoral Act. The last day for the submission of nomination forms for presidential candidates and National Assembly candidates is August 8, 2022 while that of governorship and state assembly candidates is August 18, 2022.
“During the conduct of party primaries, the persons you referred to are aspirants as defined by Section 152 of the Electoral Act. The forms they filled as aspirants are the forms of their political parties and not that of the commission. The list submitted by the political parties under Section 29(1) of the Act is the list of candidates the party proposes to sponsor. The only documents signed by the candidates are the affidavit deposed by them. That is not the nomination form as contemplated by Section 115(d) of the Act.”