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Advocacy Group says Under new Electoral Act, presidential/Guber candidates can’t substitute running mates

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Advocacy Group says Under new Electoral Act, presidential/Guber candidates can't substitute running mates

 

By John Danjuma

The Center for Reforms and Public Advocacy (CRPA) has indicated that under the new Electoral Act 2022, running mates nominated by Presidential, Governorship candidates of various political parties are not subject to withdrawal, or substitution.

Both presidential candidates of the ruling All Progressives Congress (APC) Bola Ahmed Tinubu and Labour Party (LP) Peter Obi, submitted placeholders with the hope to substitute their running mates late.

However, a statement released Saturday in Abuja by the Executive Director of the center, Ifeanyi Okechukwu, said the Constitution and the Electoral Act 2022 make clear provisions on the yardstick for withdrawal and substitution of candidates, adding that provision, as contained in Sections 28 and 84 of the amended Electoral Act 2022, relates to only the candidate – presidential and gubernatorial – and not their running mates.

According to the statement, the substitution of candidates by political parties becomes possible in cases of withdrawal or death of candidates and these are president, gubernatorial, Senate, House of Representatives, and State Assemblies who were nominated by political parties through valid primaries in accordance with Section 29 and 84.

“Section 33 of the Electoral Act says “A political party shall not be allowed to change or substitute its candidate whose name has been submitted under section 29 of this Act, except in the case of death or withdrawal by the candidate: ‘Provided that in the case of such withdrawal or death of a candidate, the political party affected shall, within 14 days of the occurrence of the event, hold a fresh primary election to produce and submit a fresh candidate to the Commission for the election concerned’; and to conform with section 33, section 29 must be adhered to, to ascertain categories of candidates captured.

“Section 29 in subsection (1) says ‘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.’

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“So, it is no more business as usual, the current electoral law is very stringent in many areas especially methods of political parties’ primaries, who are delegates, how withdrawal is done, how the substitution is done, and transmission of results, among others.

“The current and subsisting electoral law does not capture a scene that makes the possible substitution of associate candidates or running mates either by the account of voluntary withdrawal or death. Subsequently, any substitution of running mates nominated by presidential and gubernatorial candidates comes flat in the face of the law.

“While this might not have been a deliberate oversight, it must be accepted that the law is sacrosanct and nothing can be added or removed from it unless through amendment of sections 31 and 33 to make provision for that in the future.

“Until then, in accordance with section 31 which says “A 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” and section 33, only candidates who were nominated through valid primaries by political parties and whose names were submitted in accordance with section 29 can withdraw and be substituted under the law, not running mates that were not nominated through any primaries but by presidential and gubernatorial candidates.”

While commending the electoral umpire for the latest the activity by the commission in ensuring that the 2023 elections meet with the requirements of the law as established by the Constitution of the Federal Republic of Nigeria and the Electoral Act 2022, as amended, the group, however, expressed “concern about the likelihood of infractions that are already being cooked by some political parties as it relates to the issue of replacement of their associate candidates or running mates in the presidential election.

“Many lawyers, legislative experts, and even INEC have made it clear that what we are having are presidential running mates, which the Constitution and Electoral Act refer to as “associate candidate” and “running mate” and not placeholders.

The statement urged cautioned the INEC on “the catch-word of placeholders as being bandied by some political parties is not known to the law and that the law does not give a room for substitution of running mates in the 2023 election guidelines.

“We also wish to impress upon political parties that they must familiarize themselves with the relevant aspects of the new electoral law and avoid actions that are capable of causing infractions.”

Politics

Appeal Court Deals Major Blow to Aiyedatiwa’s Re-election Hopes in Ondo

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The Court of Appeal in Abuja has handed a significant setback to Ondo State Governor Lucky Aiyedatiwa, dismissing his appeal challenging a Federal High Court ruling that questioned his eligibility to contest the upcoming governorship election.

A three-member panel delivered a unanimous judgment on Monday, affirming that the trial court acted correctly when it allowed Dr Akindele Egbuwalo, the plaintiff, to amend his originating summons.

ALSO READ: No Shake-Up in Ondo: Aiyedatiwa Denies Plot To Remove Deputy Gov

Justice Uchechukwu Onyemenam, who read the lead judgment, said the governor failed to show that the High Court’s decision caused any miscarriage of justice or denied him a fair hearing.

The appeal was therefore dismissed for lacking merit, and the court awarded ₦2 million in costs against Aiyedatiwa.

The ruling reinforces the November 24, 2025, Federal High Court decision in Akure, which granted Egbuwalo permission to challenge Aiyedatiwa’s eligibility for re-election.

Earlier, the Court of Appeal also rejected an application by Aiyedatiwa to set aside a January 27, 2026, order staying proceedings in the case before the Federal High Court.

The appellate court clarified that the stay was a lawful exercise of its jurisdiction aimed at protecting the integrity of the proceedings.

The panel further emphasized that attempting to overturn its own order would be akin to sitting on appeal over its own decision.

The governor’s remaining option, the court noted, is to challenge the ruling at the Supreme Court. Another ₦2 million in costs was awarded against Aiyedatiwa.

 

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JUST IN: PDP Crisis Deepens as Appeal Court Upholds Ban on Ibadan Convention

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#NigeriaDecides: FCT PDP Chairman Dies In Accident

The crisis rocking the Peoples Democratic Party has deepened following a ruling by the Court of Appeal in Abuja which upheld a ban on the party’s proposed national convention in Ibadan, Oyo State.

A three-man panel of the appellate court on Monday dismissed an appeal filed by a faction of the party led by former Minister of Special Duties, Kabiru Turaki, challenging the jurisdiction of the Federal High Court to hear a suit concerning the controversial convention.

The Turaki-led faction had approached the Court of Appeal after a Federal High Court barred the party from holding its planned national convention scheduled for November 14 and 15, 2025.

SEE MORE: Fubara Moves to Rebuild Cabinet as R/Assembly Screens Nine Commissioner Nominees

The lower court also restrained the Independent National Electoral Commission from recognising or validating the proposed convention.

However, delivering judgment, the appellate court ruled that the Federal High Court had the authority to entertain the case, rejecting the argument that the matter was purely an internal affair of the party.

According to the court, the appellants could not present what it described as a clear violation of the party’s constitution and the Constitution of the Federal Republic of Nigeria as merely an internal party issue.

The panel subsequently dismissed the appeal and awarded a cost of N2 million against the appellants.

The ruling is part of judgments delivered in nine harmonised appeals filed by the Turaki-led faction over the dispute surrounding the convention.

The latest court decision is expected to further intensify the internal wrangling within the opposition party as it continues to grapple with leadership disputes and preparations ahead of the 2027 general elections.

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Fubara Moves to Rebuild Cabinet as R/Assembly Screens Nine Commissioner Nominees

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The Rivers State House of Assembly on Monday began the screening of nine commissioner nominees submitted by the Governor of Rivers State, Siminalayi Fubara, as part of efforts to reconstitute the state’s Executive Council.

The nominees arrived at the Assembly complex around 10 a.m. and were ushered into the chamber to undergo the screening exercise conducted by lawmakers.

Those screened include Datonye Alasia, Tonye Bellgam, Temple Nwofor, Peters Nwagor, Mrs. Charity Deemua, Tamuno Williams, Lekue Kenneth, Otonye TKD Amachree, and Amairigha Hart.

SEE ALSO: APC Sweeps Both Rivers Assembly Seats Despite Low Turnout

During the session, each nominee mounted the podium to introduce themselves and respond to questions from members of the Assembly.

The proceedings were broadcast live on Arise TV.

Governor Fubara had earlier forwarded the list of nominees to the Assembly on March 5, 2026, following his dissolution of the State Executive Council in a move aimed at forming a new cabinet to assist in running the affairs of the state.

Prior to the screening, the Assembly directed the nominees to submit 40 copies of their curriculum vitae, photocopies of their academic credentials, and evidence of tax compliance as part of the confirmation process.

The directive was contained in a notice signed by the Clerk of the House, Dr. Emeka Amadi.

The screening exercise comes months after political activities resumed fully in the state following the lifting of a state of emergency by Bola Tinubu, the President of Nigeria.

The emergency rule, which was imposed on March 18, 2025, led to the suspension of Governor Fubara, his deputy, and the state legislature amid a prolonged political crisis linked to a power struggle between the governor and his predecessor, Nyesom Wike, who currently serves as the Minister of the Federal Capital Territory.

However, the six-month emergency rule was lifted on September 17, 2025, paving the way for the restoration of democratic governance and legislative activities in the oil-rich state.

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