Elections shift: Lawyers divided over INEC suspension of campaigns

…Since polls have been shifted, the period of campaign has also shifted- Falana, Jegede, others

…Sagay, Jimoh, others: No, Electoral umpire is right, campaigns have elapsed

Andrew Orolua, Abuja and Peter Fowoyo, Lagos

Lawyers on Sunday were divided in their opinions over the directive to political parties by the Independent National Electoral (INEC) suspending their rallies and campaigns when the commission had shifted the commencement of voting at the general election by one week. For instance, some senior lawyers who spoke exclusively to The Daily Times on Sunday disagreed over INEC breach of the Electoral Act. First to fire the shot is the human rights activist, Mr. Femi Falana, SAN, who said: “INEC which has shifted the general election by 7 days is alleged to have turned round to ban political parties and their candidates from further campaigning for votes. With respect, INEC has not paid attention to Section 99 of the Electoral Act which provides that the period of campaigning in public by political parties shall end 24 hours before polling day. Since elections have been shifted, the period of campaign has also shifted and will end 24 hours to the new polling day. “Therefore, the limitation of campaign imposed by INEC should be reversed without any delay. Furthermore, INEC should comply with all valid and subsisting court orders with respect to the candidates sponsored by political parties for the general elections. Otherwise, the courts may annul some of the elections conducted by INEC on grounds of exclusion of qualified candidates.” Another constitutional lawyer based in Ibadan, Oyo State capital, Mr. Afolabi Olatunde, SAN, said: “We all heard what the Chairman of INEC said yesterday (Saturday) that as far as INEC is concerned that there won’t be any room for campaign as campaign exercise has closed. With all respect to him, I don’t think he was on the right path in making that statement. “Technically speaking as it were, election will be conducted in Nigeria on 23rd of February and by intervening circumstance, INEC couldn’t conduct the elections on 16th February again prior to the 16th February. To me, campaign exercise ended on 15th February or midnight of February 14th which is 24 hours to the elections but, by reason of circumstance we found ourselves, I believe that political parties should be afforded the opportunity to resume their campaign up till 24 hours before when election has been shifted to. With all respect, I believe he was wrong in his position.” Corroborating Mr. Afolabi, SAN, is the former governorship candidate of the Peoples Democratic Party in Ondo State, Eyitayo Jegede, SAN, who also agreed that: “It is whatever the law says that should happen. Secondly, is that people should not be discouraged, everybody should come out to vote on the rescheduled date of elections unhindered with freedom to make up one’s mind as to who you want to elect as our president, as our senator or as House of Representative member and all PDP supporters and sympathisers are urged to come out and vote this coming week.” However, a professor of law and chairman, Presidential Advisory Committee Against Corruption (PACAC), Itsejuwa Sagay, SAN, disagreed with the trio of Falana, Olatunde and Jegede. He said: “We really have to bring down tension, there’s too much tension in this election. The date of the election was yesterday (Saturday) and so all the political activities stopped on Thursday. This extension by one week is an accident due to the misfortune that has happened and frankly, I support the chairman in saying that nobody should campaign anymore and that nobody should come and collect Permanent Voters Card anymore so that they can concentrate in putting things right. I think it will give us a period to cool down before the elections.” Also, Hameed Jimoh, an Abuja based legal practitioner, said that by that provision of the Electoral Act left INEC with the discretion whether or not to extend campaign beyond 90 days allowed by law. He said the political parties have spent their campaign period and the time has elapsed. He said that by shifting the time for voting to commence by one week does not mean the political parties could continue campaign beyond the 90 days allowed by the law. “Since INEC has closed the campaign period, it will remain so in the eyes of law because it merely exercised its discretion. The political parties can not compel the Commission to exercise that discretion in their favour, at most they can only plead for more time. “But, INEC in its wisdom had asked the political parties to suspend campaigns, they should comply with the directive,” Jimoh added. On his part, Mr. Pius Ofulue, also an Abuja based lawyer, said though it is the position of our law that campaigns shall end 24 hours to the date of election, peculiar circumstances like the situation we found ourselves requires wisdom to handle not necessarily according to the letters of the laws. According to him, inciting pronouncements from Governor el-Rufia of Kaduna State which has the potent of fueling crisis such as the announcement of alleged killing of 16 Fulani in Kaduna state on 16 February, would heighten the ethnic, religious and political tensions which the reopening of campaigns and rallies would aggravate. He said it is unfortunate that the two leading political parties have vowed to proceed with their campaigns despite the directive by the Independent National Electoral Commission (INEC). They resolutely backed INEC position suspending campaigns and rallies till further notice. Meanwhile, top officials of the governing All Progressives Congress (APC) and the opposition Peoples Democratic Party (PDP) said this in separate interviews with the BBC Hausa Service. While speaking on INEC’s announcement, the National Chairman of the APC, Adams Oshiomhole, said it is impossible for his party to stop campaigns a week before the election. He said election guidelines clearly state that all campaigns be suspended 24 hours to an election. He said everyone is aware of the law, hence, his party will continue campaigning on Sunday. “INEC cannot go contrary to what the law says. Everyone knows that campaigns can only be suspended 24 hours to an election, I will continue with campaigns on Sunday because if we don’t campaign, people will not come out and vote. “We will tell the people what happened has happened. Let them come out and vote for the president. For one week, if we didn’t talk people will forget, we will campaign,” the party chairman said. In his reaction, a campaign director of the Atiku Abubakar campaign organisation, Rabiu Kwankwaso, said since the election has been postponed, parties and candidates should be allowed to continue with campaigns. He advised INEC to ensure the elections are not postponed again. “All the stakeholders including INEC and the international observers are not happy with the postponement, for whatever reason they have postponed the election, and I hope that they will not do that again,” Kwankwaso said. “From now to one week, there is no reason we will suspend the campaign because the law clearly states that campaigns should be suspended 24 hours to an election. “Nobody ordered them to postpone the election. Now that they postponed the election, we will have the chance to go and campaign,” the Kano PDP senator said.