Politics
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.”
A Federal High Court sitting in Abuja has affirmed the leadership of former Senate President David Mark as the National Chairman of the African Democratic Congress (ADC), dismissing a suit filed by House of Representatives member Leke Abejide challenging the party’s leadership.
Delivering judgment on Thursday, Justice Musa Liman held that Abejide’s suit lacked merit and upheld the preliminary objections filed by the ADC, its former National Chairman Ralph Nwosu, David Mark, former Osun State Governor Rauf Aregbesola, and the Independent National Electoral Commission (INEC).
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The judge ruled that the court lacked the jurisdiction to interfere in the internal affairs of the ADC, describing the matter as non-justiciable. He further held that Abejide failed to establish that any of his legal rights had been violated by the emergence of the Mark-led leadership.
Justice Liman also ruled that the lawmaker failed to exhaust the party’s internal dispute resolution mechanism before approaching the court, a factor that further weakened his case.
The court resolved all three issues raised in the substantive suit in favour of the defendants.
On the question of whether David Mark and Aregbesola emerged as the party’s leaders in accordance with the law, Justice Liman held that the transfer of leadership from former National Chairman Ralph Nwosu to Mark did not violate any provision of the ADC constitution.
The court further agreed that the July 2, 2025 meeting, where the leadership transition began, was a stakeholders’ meeting that preceded the National Executive Council (NEC) meeting held on July 29, 2025.
According to the judgment, the NEC meeting, which was monitored by INEC, validly produced David Mark as National Chairman and Rauf Aregbesola as National Secretary of the party.
Justice Liman consequently declared that the emergence of Mark and Aregbesola complied with the ADC constitution, the Electoral Act 2026 and all relevant party regulations.
The court also imposed financial penalties on the plaintiff and his counsel.
Abejide was ordered to pay ₦2 million each to all the defendants, while his lawyer was fined ₦10 million in line with the provisions of the Electoral Act 2026.
The suit, marked FHC/ABJ/CS/1637/2025, was filed on February 15 by Abejide against the ADC, Ralph Nwosu, David Mark, Rauf Aregbesola and INEC as the first to fifth defendants respectively.
In the originating summons, Abejide sought eight reliefs before the court, including an order nullifying Nwosu’s handover of the party’s leadership to David Mark and Aregbesola during the July 2, 2025 stakeholders’ meeting held at the Shehu Musa Yar’Adua Centre, Abuja.
He argued that the handover was illegal, unlawful, null and void and urged the court to restrain Mark and Aregbesola from parading themselves as the party’s National Chairman and National Secretary.
The lawmaker also sought a perpetual injunction restraining INEC from recognising the duo as leaders of the ADC, maintaining that their emergence did not comply with the requirements of Section 82 of the Electoral Act and other relevant provisions.
However, the court rejected all the reliefs sought by the plaintiff, affirming that the leadership transition was valid and carried out in accordance with the law.
The judgment marks a significant legal victory for the David Mark-led leadership of the ADC, effectively ending the legal challenge against the party’s current leadership and strengthening its position ahead of political realignments and preparations for the 2027 general elections.
Former Vice President and African Democratic Congress (ADC) presidential candidate for the 2027 general election, Atiku Abubakar, has appointed actor-turned-politician and party chieftain, Kenneth Okonkwo, as his official campaign spokesperson.
Okonkwo announced the appointment in a statement shared on his official X (formerly Twitter) account on Thursday, expressing gratitude to Atiku for entrusting him with the responsibility.
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“I give God all the glory for being appointed by His Excellency Atiku Abubakar as his spokesperson. I thank His Excellency for the immense confidence reposed in me,” he said.
The former Labour Party presidential campaign spokesperson described the appointment as a testament to Atiku’s leadership style, noting that the former vice president embraces dialogue, inclusiveness and compromise rather than taking offence when associates express differing opinions.
According to Okonkwo, discussions with Atiku and other leaders of the ADC addressed concerns surrounding the political interests of the South-East within the framework of the Electoral Act, 2026, and the current political realities.
He said the engagement reassured stakeholders that the interests of the South-East had been recognised and safeguarded despite the prevailing challenges.
Okonkwo also appreciated Dr. Kashim Imam, former ADC National Chairman Ralphs Nwosu, and Atiku’s Senior Special Assistant on Special Duties, Dr. Ekene Onwuka, for their efforts in strengthening the party ahead of the 2027 general election.
He further thanked his family, supporters and friends for their prayers and encouragement, while seeking continued support as he assumes the new role.
“I still covet your prayers for wisdom, courage, provision and protection needed to carry out this challenging responsibility, which will usher in a glorious and great Nigeria,” he added.
The appointment comes weeks after Okonkwo publicly criticised reports that the ADC was considering a South-South vice-presidential candidate, arguing that such a decision would further marginalise the South-East, which has not produced either the President or Vice President since 1999.
Despite the concerns, the ADC later named former Rivers State Governor and former Minister of Transportation, Rotimi Amaechi, as Atiku Abubakar’s running mate after the former vice president secured the party’s presidential ticket.
The Chairman of the Labour Party (LP) in Abia State, Peter Azubuike, has expressed confidence that the party will record a landslide victory in the 2027 general elections, declaring that it would emerge victorious “before 2 p.m.” if the Independent National Electoral Commission (INEC) were to conduct an election today.
Azubuike made the assertion on Monday while addressing journalists at the party’s state secretariat in Umuahia, the Abia State capital.
According to him, the Labour Party has overcome its internal challenges and is now fully united and mobilised ahead of the next general elections.
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He maintained that the party remains the strongest political force at the grassroots in Abia, pointing to its current political representation across the state as evidence of its popularity.
“If INEC conducts an election today, we will win before 2 p.m. because we are the only political party with a strong grassroots presence. We have 184 councillors, 17 local government chairmen, and 20 members of the Abia State House of Assembly. That is evidence of our widespread acceptance and grassroots support,” Azubuike said.
The LP chairman also defended the party’s adoption of the direct primary system for selecting candidates ahead of the 2027 elections, describing it as a transparent process that promotes fairness and reduces internal disputes.
He dismissed reports suggesting that only one nomination form was sold in some constituencies, insisting that several aspirants contested for party tickets in different areas.
“It is not true that only one form was sold. In several constituencies, multiple aspirants purchased forms. In fact, not all sitting lawmakers secured the ticket. A clear example is the Osisioma/Obingwa/Ugwunagbo Federal Constituency, where the incumbent did not get the return ticket,” he stated.
Azubuike said the party had continued to strengthen its structures from the ward level to the state level and remained optimistic of another overwhelming victory in 2027.
He further stated that the faction of the Labour Party led by Senator Nenadi Usman is the one recognised by INEC, adding that the leadership had already been granted access to the electoral body’s portal for uploading candidates.
The party, he added, remains committed to internal democracy, grassroots mobilisation and effective leadership as preparations intensify for the 2027 general elections.
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