In accordance with the Federal High Court’s ruling in Abuja, the Independent National Electoral Commission (INEC) has replaced the Labour Party’s deputy governorship candidate in the Edo state governorship election scheduled for September 21.
Sam Olumekun, National Commissioner of INEC and Chairman of the Information and Voter Education Committee stated to The Nation that the Commission has carried out the Court’s ruling.
According to a review of the INEC website, Yusuf Kadiri Asamah has been named by the Commission as the party’s deputy governorship candidate in accordance with the court’s ruling. Mrs Faith Oluyinka Alofohai was the original nominee for the position.
Ms Faith Oluyinka Alofohai’s name was on the Commission’s final list of candidates when it was released earlier, but the state party leadership objected, claiming they fulfilled all the requirements for the substitution.
Judge Emeka Nwite of the Federal High Court, presiding over the case on June 27, 2024, ordered the commission to accept and release Asamah’s name, stating that the Labour Party had every right to nominate him as Olumide Akpata’s running mate.
Due to the party’s compliance with the Electoral Act and the Constitution, the Court determined that the electoral umpire lacked the authority to reject his nomination.
The Judge stated that there was evidence before the Court supporting the LP’s claim that it did not act in violation of sections 29, 31, 32, and 33 of the Electoral Act, and that political parties had the right to demand the withdrawal of a candidate whose name has already been published within 90 days of the planned election.
The Court granted a perpetual injunction to prevent INEC from publishing the name of any other person in the candidate’s place, and asked the commission to accept and publish the candidate’s name.
The Labour Party in Edo state, according to The Nation, demonstrated against the Commission’s final candidate list in April, claiming that it had fulfilled all legal prerequisites for replacing its nominee.
Although the party claimed to have submitted the name of Barr. Yusuf Kadiri as her replacement, Mrs. Faith Oluyinka Alofohai, whose name was submitted by the Deputy Governorship candidate, was listed in the final list released by the Commission on April 23.
The Edo governorship election schedule, which was set for September 21, stated that political parties involved in the race had until April 15 to either replace a candidate or give candidate permission to drop out of the race so that other parties could field new candidates.
As the Commission released the final list of candidates on April 23, the Labour Party had not yet replaced its nominee for deputy governor, citing a technical error from the national headquarters of the LP, according to the state chapter of the party.
Section 31 of the 2022 Electoral Act provides for the withdrawal of persons who have been nominated to participate in writing to the Commission.
The section states that the “candidate may withdraw his or her candidature by notice in writing signed by him and delivered personally by the candidate to the political party that nominated him for the election and the political party shall convey such withdrawal to the commission not later than 90 days to the election.
Also, Section 32(1)states that “the commission shall, at least 150 days before the day of the election, publish by displaying or causing to be displayed at the relevant office or office of the commission and on the commission’s website, a statement of the full names and addresses of all candidates standing nominating.
