Political parties defy INEC, resume campaigns
Despite a directive by the Independent National Electoral Commission (INEC) that there should be no more campaigns ahead of next Saturday’s rescheduled presidential and national assembly elections, most political parties said they will continue mobilising their supporters for campaigns.
The ruling All Progressives Congress (APC) and leading opposition Peoples Democratic Party (PDP) had vowed to go ahead with their campaigns, saying that was the only way to keep their supporters interested in the election.
Similarly, over 50 political parties under the umbrella of the Coalition of United Political Parties (CUPP), yesterday, resolved to resume campaigns today ahead of the rescheduled Saturday and March 9, general elections.
The INEC chairman, Prof. Mahmood Yakubu, had banned political parties from campaigning again following the postponement of elections slated for last Saturday, Feb. 16.
Prof. Yakubu said there was no more room for political campaign or collection of the Permanent Voter Cards (PVCs) despite postponement of the election by one week.
He made the disclosure while fielding questions at the commissions meeting with stakeholders, on Saturday in Abuja.
Yakubu said that the deadline for the collection of PVCs and elections campaign by political parties according to election timetable had passed.
According to him, campaign had closed on Thursday, Feb. 14, and for the period that remain campaign remained closed.
However, some political parties, lawyers and analysts said yesterday that since the election date had been rescheduled, campaigns should also continue till 24 hours to the new date.
In a statement yesterday, the PDP said INEC erred in its judgement by telling political parties not to campaign anymore.
The statement signed by Kola Ologbondiyan, the National Publicity Secretary and Director, Media & Publicity of PDP Presidential Campaign Organization, said they consulted widely before deciding to go ahead with their campaign.
According to him, “The PDP, after due consideration of the provision of the Electoral Act, is set to reopen its open campaigns consequent upon the postponement of presidential and National Assembly elections by the Independent National Electoral Commission (INEC) from the earlier scheduled date of February 16 to February 23, 2019.
“The rejects the wrongful administrative prohibition of open campaigns by INEC, holding that such administrative pronouncement was erroneous, directly in conflict with the provision of the Electoral Act and is not backed by any other law in our country.
“Our position is predicated on the clear provision of section 99 (1) of the Electoral Act which stipulated that “for the purposes of this Act, the period of campaigning in public by every political party shall commence 90 days before polling day and end 24 hours prior to that day”.
“The clear import of this provision, in the current situation, is that given the postponement of the election to February 23, 2019, the 24 hours requirement for closure of all public campaigning falls at midnight of February 21.
“The PDP reminds INEC that whenever its administrative pronouncement conflicts with the Electoral Act, such administrativepronouncement must bow before the law. The party charges INEC to be appropriately guided while directing its members to await further directives ahead of its reopening of campaigns,” the PDP spokesman said in the statement.
Also speaking on the embargo on Saturday, the National Chairman of the APC, Comrade Adams Oshiomhole, said it was impossible for his party to stop campaigns a week before the election.
Citing the elections guidelines, Oshiomhole said campaigns would only be suspended 24 hours to an election, saying every Nigerian was aware of the law.
“INEC cannot go contrary to what the law says. Everyone knows that campaigns can only party be suspended 24 hours to an election, I will continue with campaigns on Sunday because if we don’t campaign, people will not come out and vote.
“We will tell the people what happened has happened. Let them come out and vote for the president. For one week, if we didn’t talk people will forget, we will campaign,” the party chairman said.
Similarly, CUPP in a statement by its spokesman and National Chairman of Action Peoples Party (APP), Chief Ikenga Ugochinyere, directed all parties in the coalition to resume campaigns today.
“In view of the provisions of Section 99 of the Electoral Act, CUPP hereby directs the over 51-member parties to return to the campaign fields and recommence campaigns and end by midnight of Thursday, 21st February 2019, as required by law.
“Section 99(1) of the Electoral Act provides that public campaigns shall end 24 hours prior to the day of polling. It is therefore wrong to expect that political parties will stop campaigns on 14th of February for polls that will open on the 23rd of February.
“It is unlawful and statutorily wrong to curtail the clear intendment of this section of the Electoral Act which is clear and unambiguous. Campaigning until 24 hours prior to the day of polling is a statutory right of parties and cannot be taken away, curtailed or abridged by any executive fiat.
“INEC cannot on its own accord limit the period of campaigns as it is regulated by law. Member parties are hereby directed to continue campaigns from tomorrow (today) and focus on voter remobilization and ensure that Alhaji Atiku Abubakar is elected and declared winner of the presidential election,” CUPP said.
When contacted last night to comment on the resolve by parties to continue with their campaigns and whether they would be sanctioned by INEC, the Chief Press Secretary to INEC Chairman, Mr. Rotimi Lawrence Oyekanmi, said the commission’s management would meet today to decide on whether the parties and candidates can campaign or not.
“On campaigns, the commission will meet tomorrow (today) and take a decision,” he said.
What happened in 2015
Our correspondents recalled that political parties continued with their campaigns in 2015 when INEC announced the postponement of the general elections’ dates from February 14 and February 28 to March 28 and April 11, 2015 for the presidential and governorship elections respectively.
Lawyers react
Abeny Mohammed (SAN) said it was against the law for INEC to have directed political parties to end campaigns.
He questioned why INEC, which postponed the election in order to organize itself, would give such a directive against political parties who would also want to put their house in order.
“Electoral Act says 24 hours before the election. By law they are free to campaign. That is the problem we have in this country, people act against the law. I do not know the law political parties would breaching if they decide to campaign tomorrow,” he said.
Constitutional lawyer, Sebastine Hon (SAN) said INEC was clearly wrong on this to have directed an end to campaigns when the elections are still one week away.
“INEC must act within its statutory powers. Since Section 99(1) of the Electoral Act provides that political parties should conclude their public campaigns at least 24 hours to an election, INEC must obey this law. Any attempt by INEC to act arbitrarily or in terrorem of this provision will clearly amount to an illegality,” he said.
“It is simply intolerable, and any such directive should be disregarded by political parties. Additionally, what is prohibited within 24 hours to an election is public campaigns, hence political parties can adopt other means of conducting their campaigns without going to public places or embarking on publicity.”
Speaking in the same vein, civil rights lawyer and former National Secretary of the Labour Party, Kayode Ajulo said the provisions of Section 99 of the Electoral Act allows political campaign till 24 hours to election, adding that the INEC Chairman cannot by mere pronouncement amend the above- mentioned statutory provision.
“I will therefore continue to campaign for the candidate of my choice in accordance to the law of the land,” he said.
However, Abuja based human rights lawyer, Hameed Ajibola Jimoh said only INEC has the power and discretion to pronounce on whether campaigns could end or continue.
He said the Electoral Act, 2010 provides that campaigns shall commence 90 days and end 24 hours before the election but did not envisage a situation where the elections are postponed so that period of campaign too can be extended.
“So, it is not against the law if INEC refuses to extend the campaign period. One can only lobby INEC and not compel it to extend the period. And in my humble view, that period of campaign under section 99(1) of the election Act has been taken over by event of the postponement and would not be applicable in this year’s election anymore,” he explained.