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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 Kashim Shettima appended his signature and affixed his passport photograph to the Notice of Withdrawal as the withdrawn candidate of the APC for the Borno Central Senatorial District Election.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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Tinubu Forced Obi, Kwankwaso to Work Together – Dele Momodu

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A chieftain of the African Democratic Congress, Dele Momodu, has claimed that President Bola Tinubu is the one who forced opposition leaders such as Peter Obi and Rabiu Kwankwaso into working together ahead of the 2027 elections.

In an interview on Channels Television on Wednesday, Momodu argued that the current unity among some opposition figures is not born out of genuine long-term commitment but is a reaction to pressure from the ruling government.

“Tinubu forced all of them together. And that is why they all moved in one direction. Which would have been beautiful, because it would have been like a two-party race,” Momodu said.

The publisher of Ovation International made the comment while reacting to the defection of Obi and Kwankwaso to the Nigeria Democratic Congress.

Obi, the 2023 Labour Party presidential candidate, dumped the ADC on Sunday alongside former New Nigeria People’s Party presidential candidate, Kwankwaso, citing legal disputes within the coalition and a toxic political climate.

The move sparked debate about a possible joint presidential ticket between the two opposition figures in the 2027 election.

Momodu, however, warned that the political situation has changed significantly since the 2023 election and cautioned against assumptions of automatic voter retention for major candidates.

“Are you saying that Tinubu will retain all the 8 million plus people that voted for him last time? How are you sure… What is the guarantee that Obi and Kwankwaso are the only people who will retain all those who voted for them last time? The situation has changed,” he queried.

Momodu added that if Tinubu allows a free and fair election, “he might not even get 3 million votes.”

He cited the poor performance of some G5 governors who could not secure senatorial seats in their states, including Enugu, Abia, and Benue, as evidence of shifting voter loyalty.

On coalition talks, the ADC chieftain said his party remains focused and steadfast.

He welcomed those willing to join but rejected any form of blackmail or the idea that victory depends on a single individual.

“Those who want to join should join. Those who do not want to join, you cannot succumb to blackmail. That only one man can make us win,” he declared.

He noted that the 2019 alliance between Atiku Abubakar and Obi did not produce victory, while their separate contests in 2023 also failed to unseat the ruling party.

He advised political actors to remain calm, quoting his late unlettered mother: “Stop running from whatever is chasing you, because you might run into what is chasing you.”

He wished the former Anambra governor well in testing his popularity elsewhere and stressed that no one should be forced out of the race based on one person’s claims.

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Nigerians Won’t Eat Your Bogus GDP Figures, ADC Tells FG

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The African Democratic Congress (ADC), on Wednesday, faulted the Federal government’s celebration of Nigeria’s reported GDP growth, saying the figures do not reflect the economic strain facing ordinary citizens.

The party’s position speaks to a growing gap between official claims of progress and the daily reality of rising food prices, shrinking incomes, job losses and mounting business costs across the country.

In a statement by its National Publicity Secretary, Bolaji Abdullahi, the ADC said economic growth is meaningless if it does not improve how people actually live.

“People do not eat GDP,” Abdullahi said.

The party said millions of Nigerians remain trapped in hunger, inflation, unemployment and weakening purchasing power despite government claims of recovery.

Rejecting the government’s narrative, the ADC said, “The African Democratic Congress (ADC) rejects the Federal Government’s attempt to use headline GDP figures to whitewash the deep economic suffering Nigerians are currently enduring across the country.

“No government should be celebrating economic statistics while millions of its citizens are battling hunger, poverty, collapsing purchasing power, and rising hopelessness.

“The reality of the Nigerian economy is not what is written in government presentations. The reality is what Nigerians confront every day in markets, on farms, in factories, in shops, and in their homes.”

The party pointed to intensifying pressure on households and businesses nationwide.

Abdullahi said: “Food prices are unbearable. Transportation costs have become punitive. Small businesses are shutting down daily under the crushing weight of inflation, energy costs, and weak consumer demand. Salaries have lost value. Families who once lived modestly are now struggling to survive.

“Economic growth that does not reduce suffering, create jobs, improve incomes, or restore dignity to citizens is empty growth. Growth that only exists in official reports while citizens descend deeper into hardship is not meaningful progress.”

The ADC also questioned what Nigerians are being asked to celebrate under current conditions.

The party said, “The purpose of governance is not to manage public relations for economic statistics. The purpose of governance is to improve the living conditions of the people.

“What exactly should Nigerians celebrate? The fact that food inflation continues to devastate households? That millions of young Nigerians remain unemployed or underemployed? That businesses are collapsing faster than new ones are emerging? That more citizens are slipping into poverty despite working harder than ever?”

Calling for a shift in approach, the party urged the government to prioritise measurable improvements in citizens’ welfare over headline figures.

The ADC said: “A government that is serious about economic recovery would show humility, acknowledge the pain Nigerians are experiencing, and focus on delivering measurable improvements in living conditions instead of celebrating figures that have no meaning to hungry citizens.

“The ADC believes that the true test of economic policy is simple: Can Nigerians live better today than they did yesterday? For millions of Nigerians, the answer is no.

“Nigeria needs an economy that works for ordinary people, not an economy that only looks impressive in presentations to investors and international institutions.

“Until growth is felt in the homes of ordinary citizens, through affordable food, stable electricity, decent jobs, lower business costs, and improved purchasing power, this government has no moral basis to declare economic success.”

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I’m Not Leaving ADC, Rhodes-Vivour Vows

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The 2023 governorship candidate of the Labour Party (LP), in Lagos State, Gbadebo Rhodes-Vivour, has opted out of the Obidient Movement, saying he is not leaving the African Democratic Congress, ADC.

Rhodes-Vivour is a staunch supporter of Peter Obi, who moved from the ADC to the Nigerian Democratic Congress, NDC, on Sunday.

Since Obi and his prospective 2027 running mate, Rabiu Kwankwaso, joined NDC, there has been a gale of defections from the ADC to NDC.

However, in a statement on Tuesday, Rhodes-Vivour said himself and his team would remain in ADC to fight for a better Nigeria.

“To those who have made the difficult decision to move on to a new platform, I offer my genuine respect and best wishes.

“These are hard choices, We are all fighting for a better Nigeria, even when our roads diverge. I want to make it clear that I am staying in the ADC,” he said.

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