Politics
Executive Defection: Independent Candidacy To The Rescue
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.
The lawmaker representing Ipokia/Idiroko Constituency in the Ogun State House of Assembly, Bisi Oyedele, says Nigerian legislature, especially at the state level, has not ceased to be an appendage of the executive because the constitution which guarantees its financial autonomy has not been strictly adhered to.
Hon. Oyedele argued that a legislature that goes cap in hand to the executive cannot perform it functions optimally.
He spoke at a symposium organised by the Forum for Governance Leadership and Value (FGLV) in Abeokuta, Ogun State.
The symposium with the theme: “Enhancing The Value Of The Legislature In Nigeria’s Democratic Process”, was put together in honour of the Senator representing Ogun West Senatorial District, Senator Adeola Olamilekan, who was decorated as the legislative icon in Nigeria.
“The constitution is clear about legislative autonomy in section 121 of the constitution. It states clearly how legislature should be autonomous, independent. Until when that is done in Nigeria, the legislature will continue to become an appendage of the executive.
“I must tell you that if there’s strict adherence to the dictate of the constitution of the Federal Republic of Nigeria, you will begin to see changes in the operationalities of the houses of assembly.
“That’s very important because when you are not empowered financially, when everything you want to do, you have to raise a memo to the governor, we want this; you’re more like at the service of the governor, of which the constitution doesn’t put us under the governor”, Hon. Oyedele said.
He described the legislature as the bedrock of democracy, saying lawmakers should be the ones speaking for the people.
Delivering the lecture, a university don, Prof. Moshood Omotosho, lamented that corruption and lobbying by powerful political ‘cabals’ are major obstacles to effective lawmaking in Nigeria.
The professor of International Relations at the Obafemi Awolowo University, said despite the challenges, the crucial role of the legislature in stabilizing democratic governance through law-making, oversight promoting good governance, amongst others must not be undermined.
He said, “The legislature’s ability to make effective laws can be affected by factors like political gridlock, corruption, and the influence of special interest groups, i.e., lobbying by powerful political mafia in the state, major power brokers, and political cabals.
“The relationship between the executive and legislature can be strained, leading to conflicts that hinder effective governance due to differing priorities and power struggles,” Prof. Moshood explained.
A Federal Commissioner, Public Complaints Commission, Ogun State, Morakinyo Akinleye, who represented Senator Adeola, applauded his strides in lawmaking and empowerment of his constituents.
“The legislature is the closest arm of government to the people. Hon. Solomon Adeola should be commended for his understanding of grassroots needs and his effective committee management,” Akinleye stated.
The convener, Bolaji Adeniji, disclosed that the purpose of the symposium was to have a conversation on how the legislature can add value to the society.
The Leader of the New Nigeria Peoples Party (NNPP), Senator Rabi’u Kwankwaso has accused the members of the party that recently defected to the All Progrssives Congress (APC) of betraying the party and the masses that brought them to power.
He spoke at his Bompai residence in Kano State, when he received supporters of Senator Abdulraham Sumaila (Kano South) who recently declined to defect with him (Kawu Sumaila) to the APC.
“Kano South is a lesson. Voters rejected spaghetti, N200 and Atamfa (wrappers) and were patient to vote for the NNPP. But those who won the election on the party’s ticket decided to abandon the masses to join those who do not have the masses at heart but are only after what they will get for themselves and their families” he stated.
“There is no worse political sin than leaving the party that gave you the opportunity and support but later you abandoned the party. This is the highest level of betrayal,” Senator Kwankwaso added.
Senator Kwankwaso, a former governor of Kano State, appreciated the loyal members for “taking the courage to return to their base,” while predicting that all those who betrayed the Kwankwasiyya Movement would regret their political actions sooner or later.
“Fighting Kwankwasiyya is not an easy task, they will not know until when they engage in the fight,” he said.
Speaking on behalf of the supporters, Muntari Fararawa, said that they came to his home to inform him of their refusal to join the APC with their senator.
“We thought it wise to return home so as to continue to propagate the ideals of the Kwankwasiyya Movement and the NNPP as well as to contribute our quota to the development of our dear state.
“We hope that we will be accepted back and reintegrated into the Kwankwasiyya Movement and the NNPP to enable us to enjoy the same rights and privileges as other members,” he said.
Business mogul and elder statesman, Prince Arthur Eze, has hailed President Bola Tinubu for his historic visit to Anambra State and the Southeast zone, describing it as a clear message of healing and reconciliation to the Igbo.
The business magnate stated this in a letter he sent to the president, a copy of which was made available to newsmen, upon his return to Nigeria from Venezuela, where he had gone for a business endeavour.
“I have seen the joy and excitement elicited amongst our people by your visit to Anambra State.
“To this end I write to thank you specially for the visit to Anambra and by extension to the Southeast,” Prince Eze wrote.
He noted that the visit has gone a long way in healing the civil war wounds of South Easterners and assured the people that there is hope for proper reconciliation and reintegration.
“Today, it has entered the annals of Nigeria’s chequered history that you are the first President of the country, from the Southwest who has taken this historic initiative to visit the Southeast after the bitter civil war with a clear message of reconciling the Igbo with other parts of the nation.
“Nigerians have not forgotten the bitter civil war and its painful relics with its tribal cleavages and dimensions. This visit by you is therefore a giant leap forward and a clear signal that the wounds of that unfortunate era is healable.
“Your pronouncements during the visit are vivid indications that you are indeed a nationalist and a bridge builder who has risen above tribal dogmatism.
“Your actions by this singular visit has sent a message of hope of complete reintegration and reconciliation to the Igbo race.
“This is monumental and a generational landmark that we would continue to cherish and value,” he said.
Prince Eze also expressed appreciation to the president for appointing Igbo sons and daughters into key positions in his government.
“We are appreciative to the genuine concern you have always shown as the President of the Federal Republic of Nigeria, for the cause of the Igbos. You have appointed Igbo sons and daughters to key positions as a mark of recognition for the entire Igbo people of this country.
“You also gave us important ministerial positions which no President before you had done, signaling your appreciation of the people of Southeast extraction.
“I also commend your robust appreciation of the laudable economic and infrastructural development projects accomplished by the Anambra State government under the able leadership of the amiable Professor Charles Chukwuma Soludo. Soludo is a genuine and sincere personality, and every Igboman will support him. Be rest assured that he will ensure massive support for you from the Southeast in the 2027 elections”.
While describing President Tinubu as a true nationalist, Prince Eze pledged his support and those of other Igbo for the re-election of the president in 2027.
“I therefore make bold to say that Igbos, wherever they may reside in this country now have very concrete and genuine reasons to support you and work actively for your re-election in 2027 so that you can do more for the Igbos.
“Once again, I thank you immensely, my dear President, Dike Si’mba!” Prince Eze said.