Enugu State Ruling Party, PDP, Runs Foul Of Law, Can’t Participate In Council Poll—FOSCOPE

Enugu State Ruling Party

OpenLife Nigeria reports that the ruling party in Enugu State, the Peoples Democratic Party, PDP, has run foul of the electoral law and therefore, cannot participate in the upcoming local government poll in the State.

This is the position of the Forum of Former State Chairmen of Political Parties, Enugu State,
FOSCOPE.

In a statement made available to OpenLife and jointly signed by Honourable Adonys Igwe (JP) Chairman and Barrister John Nwobodo, DG/Secretary, respectively, the Forum said PDP failed to comply with the rules and regulations.

The statement, titled “A Call for Observance of Rule of Law in the Conduct of the Local Government Election, is reproduced below unedited

Gentlemen of the Press;

1. In October 2023, the Enugu State Independent Electoral Commission (ENSIEC) released an Election Timetable and Guidelines whereby it fixed the Local Government Elections for 24th February, 2024.

However, by 1st December, 2023, the High Court of Enugu State per Justice C.O. Ajah, Ph.D in a judgment declared that the notice of election was grossly inadequate not being in accord with the 360 days’ notice prescribed in section 28 of the Electoral Act, 2022.

2. Therefore, in January 2024 by a public notice, the Commission announced that it has shifted the date of the election to 5th October, 2024. However, the earlier published timetable and guidelines remained intact and operational. On or about 7th March, 2024, the Chairman, Chief Mike Ajogwu, SAN resigned.

Subsequently, on or about 29th March, 2024, the Governor, Dr. Peter Mbah through a public service announcement signed the Secretary to the State Government, Prof. Chidiebere Onyia appointed Professor Christian Chidubem Ngwu as the new Chairman alongside 4 new members and re-appointed 3 serving members.

The Chairman and members were screened and confirmed by the Enugu State House of Assembly on or about 15th April, 2024.

3. On 26th April, 2024, the Governor in a ceremony at the Government House, Enugu inaugurated the new Chairman and members of the Commission.

4. The Commission on 17th May, 2024 published an amended timetable abridging time for political parties’ primaries and campaigns contrary to the provisions of the Electoral Act, 2022 and the judgment of the High Court of Enugu State delivered on 1st December, 2023.

Whereas under the original Guidelines, political parties were to conduct their primaries between 11th-22nd December and submit their list of candidates between 18th-19th January, 2024; however, under the amended timetable, political parties are to conduct their primaries between 1st-12th August, 2024 which was later extended till 19th August, 2024 and submit their list of candidates between 25th-30th August, 2024.

Thus, under the original guidelines, the cut-off date of 19th January, 2024 for submission of list of candidates falls within the legally prescribed time of not later than 180 days to the date appointed for election pursuant to section 29 of the Electoral Act, 2022.

In fact, the latest validity date to submit list of candidates for an election scheduled on 5th October, 2024 is 8th April, 2024.

Under the amended timetable which fixed the cut-off date for submission of list of candidates between 25th-30th August, 2024; it means that political parties have to submit their list of candidates from 41 days to the date of the election and ending 36 days to the election.

5. By section 29(1) of the Electoral Act, 2022, we quote: “Every political party shall, not later than 180 days before the date appointed for a general election under this Act, submit to the Commission, in the prescribed Forms, the list of the candidates the party proposes to sponsor at the elections, who must have emerged from valid primaries conducted by the political party.”

Confirming this provision, Justice C.O.Ajah, Ph.D of the High Court of Enugu State in the judgment he delivered on 1st December, 2023 at page 22 thereof stated and we quote: “By Section 29(1) of the Electoral Act, parties, including the Plaintiff, are required to conduct their primaries and submit their list of candidates they are sponsoring for the election who must have emerged from a valid primaries conducted by the political parties including the plaintiffs; and this list must be submitted to the Defendant not later than 180 days before the date appointed for the election.

Neither Section 28 nor Section 29 of the Electoral Act 2022 gave the Defendant or the Commission any power to extend or abridge the time frames prescribed, all discretions in this regard are foreclosed.”

Also interesting was the Court’s declaration at page 26 of the judgment that the Electoral Act, 2022 and the INEC Regulations are applicable to the election into the Local Government Councils in Enugu State.

6. We reasonably suspect that the reason for the alteration of the original guidelines in the guise of amendment is to enable the Peoples Democratic Party field candidate having failed to do so within the timeframe provided in the original guidelines. This is quite reprehensible as it is condemnable.

7. We are hereby stating without equivocation or vacillation that the primaries of the PDP held on 12th August, 2024 for nomination of Councillorship candidates and that held on 14th August, 2024 for the nomination of Chairmanship candidates are invalid, null and void. It is clear from the foregoing that the PDP is foreclosed from participating in the 5th October, 2024 Local Government Elections.

8. Furthermore, we are calling on the Enugu State Independent Electoral Commission to jettison the idea of conducting Local Government Elections in Enugu State on 5th October, 2024 as doing so would amount to rascality, disregard for rule of law and sheer waste of tax-payers money.

9. We call on the Independent National Electoral Commission (INEC) not to release the Voter Register for Enugu State and the B-VAS machines to ENSIEC for purposes of conducting election on 5th October, 2024. In the same vein, we call on the Commissioner of Police and relevant security and intelligence agencies not to deploy security for the election in order not to be collaborators in the subversion of the law.

10. Also, in line with the judgment of the Supreme Court delivered on 11th July, 2024, we call on the Attorney General of the Federation, the Accounant General of the Federation, the Minister of Finance and the Coordinating Minister of the Economy, and the Federal Accounts and Allocation Committee to stop further release of monthly revenue allocation to Local Government Councils in Enugu State until there is in place democratically elected Local Government Councils.

These authorities may have to be reminded of the express relief granted by the Supreme Court per relief 7 in the Lead Judgment delivered by Emmanuel Akomaye Agim, J.S.C and I quite: “A Declaration that the amount distributed to and standing to the credit of a Local Government Councils in the Federation Account must be paid by the Federation to only democratically elected Local Government Councils and no other body or institution.”

11. Furthermore, we wish to admonition the Enugu State Commissioner for Finance, the Enugu State Governor and the Heads of Personnel Management in the 17 Local Government Councils to desist from collecting the revenue allocation due to the Local Government Areas of Enugu until there is in place democratically elected Local Government Councils in Enugu State in accordance with the order of prohibitory injunction and order of compliance granted in reliefs 12 and 14 respectively in the Lead Judgment of the Supreme Court.

12. We have to remind the aforementioned authorities that there will be consequences in the event of any subsequent disobedience of the terms of the Supreme Court judgment.

13. Thank you for your attention. May God continue to bless Enugu State.