EMEKA NZE takes a look at the triumph of the Independent National Electoral Commission (INEC) even without spearheading any move to court but stuck to its rules until the emergence of victors and the villains.
The proverb that a fallen iroko tree must not be blamed for crushing the deaf to death, rather the victim should be blamed is most apt in the INEC/APC faceoff which culminated in the Supreme Court judgement of May 24, 2019.
This is one case the electoral umpire cannot be faulted but must be commended as an umpire for sticking to its rules till the end.
Consequently, throughout the matter even to the Supreme Court the electoral body did not fire a single shot but was well armed with its rules, which it sounded loud and clear and early enough too before the election year.
INEC in the performance of its duties had told that the political parties to strictly adhere to its timetable and schedule of activities released on January 9, 2018.
Embedded in the schedule of activities was the conduct of party primaries slated between August 18 and October 7 of last year, which has become APC’s undoing in Zamfara state.
Characteristic of the commission, it continued to harp and re-emphasize to the stakeholders, particularly, the political parties that sticking to its timelines, dates and procedures were sine qua non to achieving a credible electoral system for the country.
But like a spoilt child, the APC cruised in a manner that suggested that it was above the law and going to dare the rules of the commission. It actually dared INEC preferring to impose a candidate on the Zamfara chapter of the APC rather than observing the rules of engagement.
The ensued power tussle between state governor, Abdulaziz Yari, and governorship aspirants of the party led to the divisions that have now harmed the party’s chances at the polls.
While Yari anointed his Commissioner for Finance, Mukhtar Idris, to succeed him in office, other aspirants, led by Senator Kabiru Marafa, were intent on an open election, and accused Yari of imposition.
The electoral panel sent by the party’s national working committee announced that it couldn’t conduct the primary elections as both factions conducted parallel elections.
Instead of reprimanding the state chapter of the party and calling them to order, the Adam Oshiomhole’s led national EXCO and the Attorney General of the Federation began to play the ostrich issuing subtle threats to INEC and endorsing the Zamfara APC’s rascality.
As have been observed by many analysts, it might not have been the first time when some political parties would trample on INEC and its rules but this was one sure case the electoral body was not prepared to buckle.
INEC’s big stick, like the rain, can fall on any roof but this time, it was the ruling party, APC.
At least, if it was going to make a scapegoat out of the Zamfara APC, so be it that others can realize that it was no longer business as usual. Thus the commission barred the APC from fielding candidates in the 2019 general election.
In a letter signed by the then INEC’s acting secretary, Okechukwu Ndeche, and addressed to APC’s national chairman, Adams Oshiomhole, INEC said the party can no longer conduct any primary elections outside of the originally-stated window and will not be allowed to participate in the governorship, National Assembly and state Assembly elections in Zamfara, next year.
The statement read, “You would note from the timetable that the conduct of party primaries is scheduled to take place between 18th August and 7th October 2018.
“Kindly also refer to the last schedule communicated by your party to the commission on the dates of party primaries nationwide, including Zamfara, vide your letter Ref. APC/NHDQ/ INEC/19/18/51 dated 3rd October 2018.
“However, report received from our office in Zamfara state shows that no primaries were conducted by your party in the state, notwithstanding that our officials were fully mobilized and deployed.
“Consequently, based on the provisions of Section 87 and 31 of the Electoral Act 2010 (as amended), the commission does not expect that your party will submit names of any candidates from Zamfara state.
“For clarity, our position is that the All Progressives Congress (APC) will not be fielding candidates for the governorship, National Assembly and state Assembly Elections in Zamfara state for the 2019 general elections.”
On October 11, 2018 the state APC chapter filed a case before the court praying it to compel the APC national headquarters and the Independent National Electoral Commission (INEC) to accept the primary election it conducted on Oct. 7, 2018.
Delivering the judgment, Justice Bello Shinkafi said his judgment was based on the evidence tendered before the court by various witnesses whom were cross examined.
According to the judgement, the APC Zamfara state chapter was qualified to field candidates to contest elections for the Governorship, National Assembly and the State House of Assembly elections.
The judgement also ordered INEC and APC national headquarters to recognise the primary election held by the party in the state.
However, in Abuja came a twist as a federal high court judge supported the decision of the INEC to exclude APC candidates in the election.
Justice Ijeoma Ojukwu said it was not the fault of INEC that APC failed to conduct a valid primary within the scheduled period.
Ojukwu said INEC’s action was intended to curb impunity among political parties and politicians.
Justice Ojukwu held that the position adopted by INEC with regards to Zamfara APC was in tandem with the law and would help to instil discipline.
The APC had filed the suit against INEC, seeking an order to allow its candidates to participate in the forthcoming general elections in Zamfara state.
Amidst this drama, the Attorney General of the Federation (AGF) in a letter of advice which was said to have been written to the INEC chairman, Prof Mahmood Yakubu and dated February 13, 2019, purportedly demanded the shift in the polls following the decision of the Court Appeal that all parties should return to the status quo in the primaries of the Zamfara state chapter of the All Progressives Congress.
He cited sections 38 and 39 of the Electoral (Amendment) Act 2010 to support his argument. Malami purportedly said that the postponement would enable the Zamfara state APC to field candidates for all the positions.
Also the Abuja division of the appeal court set the verdict of a lower court and upheld INEC’s decision not to allow Zamfara APC participate in the general election.
A senator from the state, Kabir Marafa, had at the Court of Appeal challenged the judgment of a Zamfara State High Court, which gave the APC the go-ahead to field candidates during the 2019 polls.
After participating in the election and emerged the winner, the Zamfara APC governorship candidate, Muktar Shehu, and 38 other candidates proceeded to the Supreme Court.
In its judgment delivered on 24thMay 2019, the apex, having determined that the APC did not conduct valid primaries, said that the votes cast for the party in all the elections in question were “wasted” and ordered the commission to recognize the runners-up as the winners. This judgment affects the positions of governor and deputy-governor, three senatorial, seven federal and twenty-four state assembly constituencies.
While declaring the results in compliance with the Supreme Court judgement, INEC chairman gave the political parties his usual words of caution so as to run away from the long arm of the law.
“I wish to seize this opportunity to draw the attention of all stakeholders, but particularly the political parties, to the implications of the Supreme Court judgment on the Zamfara matter. It is clear that properly conducted party primaries are cardinal to the proper internal functioning of political parties, the electoral process and our democratic system at large.
“Therefore, political parties must take very seriously the conduct of primaries according to all extant rules, including the monitoring of the processes by INEC to avoid a repeat of the Zamfara experience.
“I want therefore to remind us that the commission has since 9thApril 2019 issued the Timetable and Schedule of Activities for the 2019 Bayelsa and Kogi Governorship elections by which party primaries are scheduled to hold between the 2nd and 29thAugust 2019.
“I appeal to political parties intending to field candidates in the elections to adhere strictly to this and other timelines in the Timetable and Schedule of activities.”
