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Executive Defection: Independent Candidacy To The Rescue

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It is common ground that under the present constitutional arrangement in Nigeria, independent candidacy in an election is expressly outlawed. A community reading of the proviso to section 40 and section 221 of the Constitution of the Federal Republic of Nigeria, 1999, as amended, buttress that only registered political parties are authorised to canvass for votes for a candidate in an election.
Put tersely, a candidate in an election must be sponsored by an INEC registered political party.
This present position of the law (no independent candidate in an election), has thrown up confusion in the polity leading to diametrically opposed or divergent views about who owns the votes cast in an election especially in relation to members of the executive arm of government, who may choose to decamp after being elected into office on the platform of a political party.
Throughout the gamut of constitution, there is no express provision barring or prohibiting an elected member of the executive arm of Government from decamping.
This is unlike what is expressly obtainable under the provisions of sections 68(1)(g) and 109(1)(g) of the Constitution of the Federal Republic of Nigeria (as amended) where an elected member of the National Assembly or State House of Assembly respectively is (subject to recognised exceptions therein) liable to vacate his seat if he becomes a member of another political party before the expiration of the period for which he was elected.
Answering the query to whom does the votes cast in an election belong has therefore become very problematic.
Some argue that the votes belong to the political party because, among other things, it is the party (its logo not name or photograph of the candidate) that is voted on election day. It is the exclusive constitutional preroga-tive of the party to sponsor candidates in an election.
On the contrary, others contend that votes cast in an election belong to the candidate because the party does not go for screening of candidates and the Certificate of Return is issued to the candidate in his name and not in the name of the political party.
They further argue that the Certificate of Return is issued to a named candidate of a political party (for instance, issued to Prof of APC as the winner) and not for the party (for instance, issued to Prof for APC as the winner).
All the sides of the argument are attractive and carry forceful convincing logic.
No person can win an election if he is not sponsored  by a political party. No party can win an election if it does not have a candidate in an election.
This is like Siamese (thoracapagus con-joined) twins situation or resolving the query of seniority between the egg and chicken (which came first).
Even the courts are also divided on the matter of who owns the votes in an election where an elected member of the executive arm of government defects to another political party following from the types of judicial decisions that emanate from the lower superior courts of record lately.
It is thus settled that it will only take the Supreme Court to decide the matter conclusively on a final appeal.
Even at that, opinions will continue to be divided if the constitutional provi-sions remain the way they are presently couched and if the Constitution continues to outlaw independent candidacy in an election.
To break this serious deadlock, it is strongly suggested that the Constitution be amended to allow independent candidacy in an election. That way, the present nagging debates about the owner of votes cast in an election will be laid to rest permanently.
With this proposed constitutional amend-ment in favour of independent candidacy, if a person contests an election as an independent candidate, the argument as to who owns the votes will never arise. The votes surely belong to him.
Where on the other hand, a person is a sponsored candidate of a political party, it will no longer be open for that person to claim that the votes belong to him and not to the political party on whose platform he contested and won the election.
Given the present quagmire, independent candidacy is “a win win situation” and it is consistent with the right to freedom of association enshrined in section 40 of the Constitution of the Federal Republic of Nigeria 1999, which provides as follows: Every person shall be entitled to assembly freely and associate with other persons, and in particular he may form or belong to any political party, trade union or any association for the protection of his interests.
The right to freedom of association includes not only the right to dissociate but also the freedom to be alone (independent).
We call on our legislature to do the needful and save all the huge verbal expenditure and juristic ink being wasted on a matter that has a simple solution.
A new normal is possible!

By: N.O. Obiaraeri
Obiaraeri resides in Owerri.

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We’ll Fight Corruption, Fix Economy, Security – Shettima

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Vice-President Kashim Shettima has assured Nigerians that the current administration will continue to provide the values of the democratic systems by fixing major weaknesses of the economy, securing communities, fighting corruption, strengthening the independence of the judiciary and improving national cohesion.

Shettima stated this in Abuja, yesterday, at the national conference on strengthening democracy in Nigeria, themed: “Strengthening Nigeria’s democracy: Pathways to good governance and political integrity,” organised by the African Centre for Leadership, Strategy and Development.

Shittima, represented by his Special Adviser on political issues, Hakeem Baba-Ahmed, said while democracy is not a perfect system, it is still considered the best form of government compared to others.

“I would like to assure Nigerians that our administration is acutely aware of many concerns over our direction and goals, particularly given the difficulties which some of our policies inevitably generate. We are involved in correcting many defects in our economy and approaches to securing the citizens. We have been honest to admit that this transition from a broken past and a promising future will not be without a price, and we will remain focused on easing the pain and ensuring that we do not take our eyes off the goals.

I Lost My Legs Saving Victims I Hit – Ogun Driver

000 / 0:00“We will listen and adjust where necessary, and we will account our stewardship in all matters our challenging democratic systems demands. I am convinced that Nigeria shall rise again, answer to its full potential and lead the way to a future that has learnt lessons from a difficult past into a world in which our country will be a key player, and our young will be active champions of a democratic system because it speaks to them.

“It has been said many times that democracy is an imperfect system, yet superior to all others. We will continue to seek to provide evidence of the values of the democratic systems by, among others, fixing major weaknesses of our economy, securing our communities, fighting corruption, supporting free and fair elections, strengthening the independence of the judiciary and improving national cohesion. I would like to appeal to fellow Nigerians to join us in this challenging but ultimately rewarding journey,” he said.

According to him, the current administration has a major interest in the quality of the democratic system and a key responsibility in improving the elements that constitute the democratic system.

“This reminds us that we owe our current positions to the democratic process, and it is our duty to continually police its effectiveness and impact on the lives of all Nigerians,” he stated.

He noted that there is a huge responsibility on the shoulders of elected leaders in Nigeria to market democracy in terms of the quality of governance, their conduct, and disposition towards the rule of law and respect for the welfare and security of citizens.

“Nigerian democracy must mean a lot more than asking Nigerians to line up every four years to elect leaders. It must mean, in practical terms, that leaders commit to the demands of elected leadership in very transparent manners, that mandates given to them to govern make them servants to the interests of the people, custodians of their assets, and protectors of their interests. The best leaders are people who exercise power only to promote the interests of their people.

“These interests include making laws that are consistent with the economic welfare and security of the citizen; that the judiciary is free from interference and corruption; that institutions and structures of governance function with the highest standards of efficiency and integrity; that citizens’ voices are heard and respected not just during elections; and the basic rules of competition between parties and interests are respected,” he added.

In his keynote address, the former Vice President of Ghana, Dr Mahamudu Bawumia, said despite the imperfections of democracy, it remains the preferred form of governance that can guarantee individual liberties and rights.

He, however, stated that for democracy to thrive and to be strengthened, the ambition for the country must be paramount and must supersede the ambition for oneself.

“Elections are not do-or-die affairs. That’s what we must understand. The right of the citizenry to choose leaders in a free, transparent manner is sacrosanct and remains one of the most vital angles of a true democratic dispensation.

“By choosing and or changing leaders through the ballot box, the vote necessary is not sufficient to guarantee a true flourishing democratic culture,” he emphasised.

He noted that one of the most important determinants of a flourishing democracy is the quality of institutions capable of guaranteeing rights, including property rights, and checking the wanton abuse of power.

According to him, the best democracy is the one that delivers public goods and services effectively and efficiently and creates opportunities for citizens whilst making conscious efforts to leave no one behind.

The Executive Director of the African Centre for Leadership, Strategy & Development, Dr Otive Igbuzor highlighted that the purpose of the conference lies in a vision for a democracy that is genuine, resilient, and inclusive.

“As many of us know, Nigeria’s democratic journey, though spanning 25 years of uninterrupted civilian rule, is beset by structural and functional flaws. These range from electoral malpractices, ineffective political parties, and weakened governance structures to pervasive corruption and a concerning erosion of public trust.

“Despite decades of democratic practice, the realities faced by Nigerians today often reflect disillusionment rather than hope. The goal of this conference, therefore, is to reignite hope, rebuild trust, and lay out a road map toward a strengthened democratic system that serves all Nigerians with integrity and accountability,” he said.

 

 

 

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Why I Won’t Help Tinubu’s Govt Overcome Economic Challenges – Sanusi

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The 16th Emir of Kano, Muhammad Sanusi II, says he would not help President Bola Tinubu’s administration to correct the administration’s policies affecting the citizens.

Emir Sanusi spoke on Wednesday in Lagos as the chairman of the 21st Anniversary of Fawehinmiism (Gani Fawehinmi Annual Lecture 2025).

The emir stated that while there were “a few points” he could offer to explain the trajectory the administration had taken and how such decisions were predictable, he chose not to do so because “they don’t behave like friends.”

He said explaining the government’s policies would help the government, but he did not intend to assist them due to the way they had treated him.

“I can give a few points that are contrary, that explain perhaps what we’re going through and how it was totally predictable, most of it, and maybe avoidable. But I am not going to do that.

“I have chosen not to speak about the economy or the reforms or to even explain anything because if I explain, it would help this government, but I don’t want to help this government,” the emir said while addressing some of the points made by speakers about the economy.

He added: “You know they’re my friends, but if they don’t behave like friends, I don’t behave like a friend. So I watch them being stooges. And they don’t even have people with credibility who can come and explain what they are doing. I am not going to help. I started out helping, but I am not going to help. I am not going to discuss it. Let them come and explain to Nigerians why the policies that are being pursued are being pursued.

“Meanwhile, I’m watching a very nice movie with popcorn in my hands. But I will say one thing: What we are going through today is, at least in part, not totally, but at least in part, a necessary consequence of decades of irresponsible economic management.

“People were told decades ago that if you continue along this path, this is where you’re going to end up, and they refused to open their eyes. Now, is everything being done today correct? No.”

Emir Sanusi, who was deposed as the 14th Emir of Kano in 2020 by then-Governor Abdullahi Umar Ganduje, the current national chairman of the ruling All Progressives Congress (APC), was reinstated as the 16th Emir of Kano in 2024 by the New Nigeria People’s Party-led Kano State Government.

His emirship has faced ongoing challenges from forces believed to be backed by the federal government, including federal officials’ continued recognition of his predecessor, Emir Aminu Ado Bayero.

Last month, the police barricaded his palace, with the state government accusing the federal government of orchestrating the action to stir unrest in the peaceful state.

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Reps Loses Deputy Chief Whip

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The Deputy Chief Whip of the House of Representatives, Rt Hon. Oriyomi Onanuga, is dead.

Also known as Ijaya, Rt Hon. Onanuga, who was the member representing Ikenne/Sagamu/Remo North Federal Constituency, is said to have died following a brief illness.

This was confirmed in a tweet on the official X (formerly Twitter) account of the House of Representatives, on  Wednesday night.

Rt Hon Onanuga, who was born in Hammersmith, London, to Nigerian parents on December 2, 1965, was a politician and entrepreneur. She held the position of Deputy Chief Whip in the Nigerian House of Representatives since 2023.

She contested and won a seat in the House of Representatives under the platform of the All Progressives Congress (APC) in 2019. She also served as the Chairperson of the House Committee on Women Affairs and Social Development.

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