By Eric Elezuo
The Electoral Act, 2022 in Section 35 expressly provides that “where a candidate knowingly allows himself to be nominated by more than one political party or in more than one constituency, his nomination shall be void.” This is corroborated by the NIgerian Constitution in Section 142 (1) mandating a presidential candidate to nominate a running mate otherwise his election becomes inchoate, and therefore invalid.
A typical look at the scenario played out by the All Progressives Congress (APC), will portray a clear invalidation of the electoral process in the nomination of its Vice-Presidential candidate thereby capable of rendering null and void the declaration of the President-elect by the Independent National Electoral Commission (INEC).
It is worthy of note that as at the time on July 14, 2022 when the presidential candidate of the APC, Kashim Shettima, was nominated as above stated, he was still the candidate of the APC for the Borno Central Senatorial District. His nomination as vice presidential candidate of the APC and maintaining his place as candidate of the Borno Central Senatorial District, consequently constitutes an offence of double nomination, and punishable by disqualification.
Available data revealed that Shettima “appended his signature and affixed his passport photograph to the Notice of Withdrawal of Candidate as the new Vice-Presidential candidate of the APC in a Notice of Withdrawal dated 14th day of July, 2022, and was submitted to INEC by APC on the 14th day of July, 2022 at 6:33pm, the same day and time it was received by INEC whereas he resigned from his Borno Central Senatorial candidate on July 15, 2022, whole day after.
As a result, Shettima was both a nominated Vice presidentrial candidate as well as a Senatorial candidate at the same time thereby running foul of Section 35 of the Electoral Act and Section 142(1) of the Constitution.
It is therefore in order that his nomination remains void according to the law.
A former Resident Electoral Commissioner, Mike Igini, had noted that any candidate who picks double nominations risked going jail, apart from voiding his nominations.
He said that it is an offence under the Electoral Act 2022 for politicians to obtain multiple nomination forms.
He stressed that according to Section 115 (D) of the Act, a 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 maximum term of imprisonment for two years.
Clarifying the provisions of the law, Igini had noted that “constituency” as stipulated in the legal document refers to separate elections whether it is presidential, governorship, senatorial, the House of Representatives, or that of the state assembly.
“Section 115 (D) of the 2022 electoral act stipulates that no person shall sign, obtain more than one form as a candidate for different elections,” he said.
While therefore, the nomination of Shettima as the vice presidential running is the internal affairs of the APC, it is agreed that the INEC failed to enforce the provisions of Section 35 of the Electoral Act, and should be redressed by the court.
