809 primary election cases pending, 25 return certificates withdrawn – INEC
Tunde Opalana, Abuja
There are currently 809 pre-election cases pending in various courts across the country challenging the conduct of primaries by political parties for the 2019 general elections.
Chairman of the Independent National Electoral Commission (INEC), Prof. Mahmood Yakubu, who made this disclosure, said the number of cases emanating from parties’ primaries are more than the total number of petitions currently before the various election petition tribunals nationwide challenging the outcome of the main elections.
He said this in Abuja on Monday while presenting 12 certificates of return to the governor-elect, deputy governor-elect, three senators-elect and 11 members of the House of Representatives-elect from Zamfara state who were last Friday vindicated by the Supreme Court judgement that sacked all elected flag bearers of the All Progressives Congress (APC).
He also said the commission had withdrawn 25 certificates of return and had issued them to persons declared winners by courts of law.
Disclosing that more cases are expected, the chairman said “since then, three more certificates have been withdrawn by court order. With the Zamfara case, the figure has now risen to 64.
In addition, the commission is studying nine more judgements we were served in the last one week in which primary elections conducted by different political parties were upturned by the courts.”
Prof. Yakubu said the presentation of certificates of return to winners of any election conducted by INEC is a statutory responsibility required of the commission under Section 75 of the Electoral Act 2010 (as amended).
The INEC chairman reiterated the importance of conducting proper primaries before elections in order to reduce the spate of litigations associated with them.
“The Zamfara example is not the first pre-election case determined by the Supreme Court arising from the recent party primaries. Earlier, the apex court had determined the case of Lere Federal Constituency in Kaduna state which the commission had already complied with and issued the certificate of return to the winner.
“It is therefore, important to continue to emphasise to our political parties their obligation to conduct credible primaries for the nomination of candidates.
“Our democracy in particular and electoral process in general can never be virile unless political parties rise to the challenge of internal party democracy. It is in this context that the latest judgements of the Supreme Court are crucial steps in strengthening our electoral jurisprudence,” he added.
As a precautionary measure, Yakubu said INEC “will not accept the submission of names of candidates by political parties under Section 31of the Electoral Act 2010 (as amended) unless there is evidence, monitored by the commission of compliance with the provision of Section 87 of the Act.
“Party members interested in contesting elections start as aspirants before they emerge as candidates through the democratic process of direct or indirect primaries enshrined in Section 87 of the Electoral Act.
“It is only after they comply with this requirement of the law can their names be submitted to INEC under Section 31. We shall continue to work with the political parties to ensure strict compliance.”
He reminded political parties that they have exactly 171 days to the Bayelsa and Kogi governorship elections scheduled for November 16 while urging them to conduct their primaries between August 22- 29.
