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The Fact and the Law: How Shettima’s Nomination As Running Mate Violated Electoral Act

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THE FACTS

 

  1. Kashim Shettima was nominated by the APC to INEC for the election into the Borno Central Senatorial District of the Senate of the Federal Republic of Nigeria on the 17th of June, 2022.

 

  1. Kashim Shettima replaced one Ibrahim Kabir Masari, who was hitherto the Vice-Presidential candidate of the APC for the 2023 Presidential election. The Notice of Withdrawal reveals that Kashim 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. The Notice of Withdrawal dated 14th day of July, 2022 was submitted to INEC by APC on the 14th day of July, 2022 at 6:33pm. The acknowledgment copy of the Notice of Withdrawal of Ibrahim Kabir Masari and his replacement by Kashim Shettima showing that INEC received it on the 14th day of July, 2022 at 6:33pm.

 

  1. Having secured the Vice-Presidential ticket of the APC, Kashim Shettima decided to withdraw from the Borno Central Senatorial District election. Kashim Shettima appended his signature and affixed his passport photograph to the Notice of Withdrawal as the withdrawn candidate of the APC for the Borno Central Senatorial District Election. APC submitted the said Notice of Withdrawal to INEC on the 15th day of July, 2022 at 05:13PM GMT+1. The acknowledgment copy of the Notice of Withdrawal of Kashim Shettima and his replacement showing that INEC received it on the 15th of July, 2022 at 05:13pm.

 

THE LAW

 

  1. Section 35 of the Electoral Act, 2022 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.”

 

  1. Section 142(1) of the Constitution provides that:

 

“In any election to which the foregoing provisions of this Part of this Chapter relate, a candidate for an election to the office of President shall not be deemed to be validly nominated unless he nominates another candidate as his associate from the same political party for his running for the office of President, who is to occupy the office of Vice-President and that candidate shall be deemed to have been duly elected to the office of Vice-president if the candidate for an election to the office of President who nominated him as such associate is duly elected as President in accordance with the provisions aforesaid”.

 

 

  1. Section 142(1) of the Constitution makes the nomination of a President inchoate and therefore invalid without a running mate who shall be called a Vice Presidential candidate.

 

  1. It is crystal clear that the Kashim Shettima had double nomination as at the 14th day of July, 2022 in violation of Section 35 of the Electoral Act, 2022 which 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.”

 

  1. It is crystal clear that the Kashim Shettima had double nomination as at the 14th day of July, 2022 in violation of Section 35 of the Electoral Act, 2022 thereby rendering his nomination as the Vice- Presidential candidate of the APC void.

 

  1. It is a notorious fact that a Vice-presidential candidate does not emerge from a primary election conducted by a political party. This finds expression in Section 142 of the Constitution, By Section 142 of the Constitution, it is the Presidential candidate that appoints his running mate from his political party and the party forwards same to INEC.

 

  1. The case of the PDP is not about the internal affair of the APC but the failure of INEC to enforce the provisions of Section 35 of the Electoral Act.

 

  1. The nomination of candidates is complete when INEC receives the nomination forms of candidates from political parties and once nomination is complete, any grievance thereof is no longer an internal affair of the political party. A post-nomination grievance cannot be said to be an internal affair of a political party.

 

PDP is not challenging the process by which Kashim Shettima emerged as the Vice-presidential candidate of the APC. The choice and emergence of Kashim Shettima is an internal affair of the APC.

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Fubara Bows to Pressure, Invites Pro-Wike awmakers to Peace Meeting

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Rivers State Governor, Sir Siminialayi Fubara has extended an olive branch to lawmakers loyal to his rival, Nyesome Wike.

The governor invited the Amaewhule-led House of Assembly members to a peace meeting, following the Supreme Court’s judgement on the state’s political unrest.

The invitation was made through a letter from Dr. Tammy Danagogo, Secretary to the State Government, to Speaker Martins Amaewhule.

The meeting is scheduled for Monday at 10 am at the Government House in Port Harcourt.

The agenda includes addressing lingering issues, presenting the 2025 state budget, and discussing payment of lawmakers’ allowances.

The letter read: “I hereby write in furtherance of His Excellency’s promise stated in my letter dated 5th March 2025 to notify you that His Excellency has received the Supreme Court Judgment, and has therefore directed me to invite you and your colleagues -the Honourable members of Rivers State House of Assembly, to a meeting to discuss:-

“Provision of a befitting space for the Assembly’s sittings. Payment of all outstanding remuneration or allowances of the Honourable members. Presentation of Budget and sundry matters;

“Any other matter(s), as may be necessary, to chart the way forward in the best interest of the State. Sequel to the above, I hereby humbly invite the Rt. Hon. Speaker, and all the Rivers State House of Assembly members to a meeting with the Governor as follows.”

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Rivers Lawmaker Rejects Fubara’s Invitation for Peace Meeting

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A member of the Rivers State House of Assembly, Lolo Isaiah Opuende, has dismissed an invitation from Governor Siminialayi Fubara for a crucial meeting at the Government House, Port Harcourt, on Monday.

In an online video, Opuende stated that it was time for the governor to “dey his dey” (be on his own) while the lawmakers would do the same.

Representing Akuku-Toru Constituency 2, Opuende recalled that when the political crisis began, their principal had warned that a time would come for both sides to go their separate ways.

He also questioned the mode of invitation transmission, arguing that it is not feasible for lawmakers to honor the governor’s request.

“How can you write a letter for the House of Assembly and put it on social media and expect us to come? The governor should write us the proper way,” he insisted.

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Abacha Family Slams Babangida, Says Book a ‘Revisionist Narratives’, Distortion of Facts

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The family of the late General Sani Abacha has rebuffed claims made by former Head of State, General Ibrahim Babangida, that the late Abacha was responsible for the annulment of the June 12, 1993, presidential election.

In his recently launched autobiography, A Journey in Service, Babangida expressed regret over the annulment, acknowledging that the Social Democratic Party’s candidate, MKO Abiola, won the election.

Describing the annulment as an “accident of history,” IBB blamed military officers led by Abacha, who was then his Chief of Defence Staff, for the controversial decision, alleging that it was done “without his permission.”

Reacting in a Sunday statement signed by his son, Mohammed Abacha, the late dictator’s family dismissed IBB’s claims, insisting that Abacha was neither the Head of State nor the Commander-in-Chief at the time of the annulment.

The family accused Babangida of attempting to distort historical facts and shift blame.

“The decision to annul the election was made under the administration of General Ibrahim Babangida, who, as the then Head of State, held absolute executive powers and was solely responsible for the actions of his government,” the statement read.

“Any attempt to shift this blame onto General Sani Abacha, who was a very senior military officer within the regime, is a deliberate distortion of historical facts. For years, various actors have attempted to rewrite the history of that critical period in Nigeria’s democratic evolution.”

The Abacha family also urged Nigerians to be cautious of what they termed “revisionist narratives” intended to manipulate public perception for political gain.

“We urge Nigerians to be wary of revisionist narratives that seek to manipulate public perception for personal or political reasons.

“The memory of our late father and leader, General Sani Abacha, must not be tarnished by baseless accusations meant to absolve those who were truly responsible,” the statement continued.

In conclusion, the family slammed Babangida’s autobiography for failing to present an honest account of events, stating, “We regret that A Journey in Service missed the opportunity and failed to make history as a truthful and objective account of past events.

“As one public commentator aptly put it, honesty, sincerity, and integrity are virtues not commonly associated with the author.”

Source: Newspoint

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