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From Scholastica Onyeka, Makurdi
A civil society group, Political Justice and Fairplay, has written to the Chairman Independent National Electoral Commission, (INEC), urging him not to publish the name of Rev. Fr. Hyacinth Alia and APC for 2023 governorship election in Benue state.
The group, in a statement signed by its leaders, Nura Garba and Musa Ammani noted that by the date of the judgement by the Appeal Court Makurdi Branch between Prof. Terhemba Shija, All Progressives Congress (APC), Rev. Fr. Hyacinth Alia and Independent National Electoral Commission, (INEC), delivered on the 23rd of January 2023, the Appeal Court had Powers to either nullify or uphold the Federal High Court judgement but did not have the powers to order for a rerun of the primary election.
They argued that 180 constitutional days allowed for a candidate to emerge before the general elections had caught up with the case as provided in section 29(1) of the Electoral Act 2022 as amended.
“For this reason, INEC lacks the powers by law to reopen its portal to add the name of any candidate of a political party as it is in contravention of section 29(1 ) of the 2022 Electoral Act as amended.”
They pointed out that it is only the death of the candidate of a political party that will warrant such a change or conduct of another primary election.
Recall also that in the supreme court ruling between Hyacinth Alia, Prof Terhemba Shija, APC and INEC delivered on the 16th of February 2023 by Justice John Inyang Okoro, of the Supreme Court, the two cross appeals of Prof Terhemba Shija and Rev. Hyacinth Alia were dismissed because the counsel to Prof. Shija withdrew the case. Therefore, the supreme court did not issue any judgement.
According to them, “by law, the Appeal Court judgement still subsist. APC in Benue State with her governorship candidate cannot appear on the ballot of the 2023 general elections.
The group also noted “the position of the Supreme Court judgement delivered on Wednesday 1st February 2023 in an Appeal No. SC/CV/1564/2022 between Chief David Kente Vs Senator Emmanuel Bwacha, APC and INEC (2023) LPELR-59743 (SC), Justice Kudirat Motonmori Olatunko Kekere-Ekun stated clearly that no Court has the power to order for a rerun within 14 days because of the 180 days time constraint before general elections.
“The judgement also apply to the Benue APC rerun primaries because the180 constitutionally allowed days caught up with the process. For this reason INEC must obey section 29 subsection 1 of the 2022 Electoral Act as amended,” they added.
But in a swift response, the Director of Communications, APC Campaign Council in Benue state, Kula Tersoo, described their claims as laughable saying there was no time that Father Alia’s name was removed from INEC portal.
“There was no valid order suggesting or ordering for his name to be removed from INEC portal. Was INEC supposed to do it in isolation in a vacuum? There was no order to that effect
“Secondly, if 180 days had caught up with the case, who is supposed to benefit since Father was not the one that took them to court? Whose case would have been useless?
Mr Tersoo said the group was merely groaning because they have been beaten.
