Last week, the Peoples Democratic Party (PDP) governorship flag bearer in Abia state, Prof. Uchenna Ikonne passed on. This led to some bugging legal questions being asked by average Nigerians as to what becomes of the situation of the PDP in the state coming election; do they have to swap the late governorship candidate with his running mate and field him for the election or do they have to conduct another fresh primary election to produce a fresh governorship candidate for the election?
This same bugging question has been duly contemplated and considered by the lawmakers as an answer to it has been provided for in Section 33 of the Electoral Act, 2022.
The quoted provision reads thus;
“A political party shall not be allowed to change or substitute its candidate whose name has been submitted under section 29 of this Act, except in the case of death or withdrawal by the candidate:Provided that in the case of such withdrawal or death of a candidate, the political party affected shall, within 14 days of the occurrence of the event, hold a fresh primary election to produce”
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By virtue of the provision of Section 33 of the Electoral Act, 2022 upon the death of a political candidate, the political party fielding the deceased candidate shall within fourteen (14) days of the occurrence of death conduct a fresh primary election to produce a “fresh” candidate to the Independent National Electoral Commission (INEC). The maximum number of days that this must be done is fixed at fourteen (14) days and anything outside fourteen (14) days simply means that the political party is no longer interested in contesting that election or fielding any candidate.
A prospective deputy governor or the running mate of the deceased flag bearer cannot be swapped or used to replace the principal unless a fresh primary election is conducted and the running mate was duly elected to replace or take the place of the principal.
To this effect, in Abia state, the PDP is expected or should within fourteen (14) days after the death of Prof Ikonne conduct a fresh primary election and elect another governorship flag bearer for the state, if the PDP fail to do so, it will mean they are no longer interested in contesting or fielding anybody for the election. The deputy governorship flag bearer cannot go to the ballot box alone without the principal, the deputy of a deceased principal can only replace the principal when they have been duly elected and the principal passed on, just as was the case of HE Musa Yar’adua and HE Goodluck Jonathan in 2010 where Goodluck Jonathan as the Vice President completed the tenure of his principal when the principal passed on.
These are the provisions of the laws of Nigeria