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Pengana State
Constituency: Candidate petitions APC over purported primary election
By Dickson Gupiya
March 15, 2019
Hon Sambo
Gondina of Kadamo ward in Pengana Chiefdom of Bassa LGA has petitioned the All
Progressive Congress (APC) over the purported re-conduct of the party primary
for the seat of member, Plateau State House of Assembly, Pengana Constituency
of Bassa Local Government Area.
The seat became
vacant following the death of Hon Ezekiel Afon who
died on Sunday afternoon few hours after he was returned winner of the 9 March,
2019 election for the constituency. All things being equal, a bye-election is to
be conducted on Saturday March 23, 2019 for a replacement of late Afon.
Consequently,
another primary election is said to have been conducted by the Bassa chapter of the party on Thursday evening. Some party state holders who spoke to African Drum
yesterday expressed disenchantment over the development stressing that it was in
flagrant abuse of instant laws and due process. This afternoon, some APC
faithful who also spoke to this magazine on condition of anonymity observed
that what happened in Bassa on Thursday was null and void and cannot stand the
test of time because according to them, genuine party primaries are only
organized by the national body of the party and it is done only once for an
election with the Independent National Electoral Commission (which is the
electoral umpire),security agencies in attendance to witness the process. According
to them, this process took place last year which saw the emergence of late Afon
as the winner while Gondina came second stressing that with the demise of Afon,
Gondina automatically becomes the party’s flag bearer for the bye-election.
It is
in line with this that party faithful expressed dissatisfaction over the development where few people just met and came up with a different name
for the bye-election.
Gondina, while
talking to this magazine also said it was as a result of lack of consideration for the law and flagrant abuse of due
process that prompted him into petitioning
the party believing that justice will be done saying that he strongly believe in the leadership of the party at the state
level to tore the path of justice. The said petition which was addressed to the Plateau state chairman of the APC
was also copied the APC chairman Bassa LGA, APC chairman kadamo Ward, the
commissioner of Police Plateau state Command, the Director State security
service Plateau State command and the divisional police officer Jengre respectively.
Hon Gondina in his petition stated that
upon the release of the guidelines for the conduct of primaries by divers political
parties into various elective offices in Nigeria by the Independent National
Electoral Commission, he indicated interest by purchasing the expression of
interest form of APC to participate in its primaries to select a candidate that
will bear the party’s flag in the 2019 General Elections for the position of
members, Plateau State House of Assembly representing Pengana Constituency. He
added that the said APC primary was conducted sometime in October, 2018 wherein, the Late Hon. Ezekiel Bauda Afon emerged the winner with the 106 votes.
He said that having the highest
number of votes, the Late Afon became the party’s flag bearer in the 2019
General Elections into the Plateau State House of Assembly representing Pengana
Constituency.
Gondina said that
he emerged the candidate with the second highest number of votes having scored
a total number of 86 adding that on the 9th March, 2019, election
was conducted wherein the APC emerged winner having scored the highest number
of votes in the said election.
He said that while
the constituents and the APC were basking in the euphoria of the victory, the
candidate who bore the party’s flag, Ezekiel Afon died. Gondina highly regretted the sad event and
equally condoled with the family, the constituents, the APC and Plateau State
at large over the unfortunate and irreparable loss of Hon Afon.
He however
expressed shock that while they were still mourning the demise of Late Afon,
some members of the party at the local government level decided on their own to
conduct what they termed as ‘Primary Election’ allegedly to select a flag
bearer for the APC.
Consequently,
Gondina raised the following issues and questions, “Can the said group at the
Local Government level conduct a primary election after the general elections has
been conducted, concluded and APC declared winner? Can the said conduct of a fresh primary
without due notice to INEC as required by law in disregard of the primaries
conducted by the APC sometime in October and accepted by INEC be valid? Can there be a valid primary election without
INEC’s supervision and the presence of security agencies? Can there be a valid primary
election without the party’s ballot papers?”
In his
contention, he said that it is settled that elections are contested and won by
political parties and not candidates stressing that this position has been
settled by the constitution of the Federal Republic of Nigeria as amended which
says, it is only a political party that can canvass for votes on behalf of a
candidate as provided by section 221 of the 1999 constitution of the Federal Republic
of Nigeria as amended. Gondina said the section provides thus:
‘No association, other than a political party, shall
canvass for votes for any candidate at any election or contribute to the funds
of any political party or to the election expenses of any candidate at an
election.’
“Indeed, the
above quoted provision was a blessing to the Supreme Court when it decided the
case of Amaechi. In Amaechi Vs. INEC
(2008) all fwlr (Pt. 407) p.g 1 @ 97-98 per Oguntade JSC, the supreme court
held that;
‘Without a political party, a candidate cannot
contest. The primary method of contest
for elective offices is therefore between parties. If as provided in section
221 above, it is only a party that wins an election. A good or bad candidate
may enhance or diminish the prospect of his party in winning but at the end of
the day, it is the party that wins or loses an election.’
The court went further to state that:
In mandate or colloquial terms, we say that a
candidate has won an election in a particular constituency but in reality and
in consonance with section 221 of the constitution, it is the party that has
won the election.”
He said that
in line with the above process, the
conducted election into the seat of member representing Pengana constituency on
the 9th March, 2018 was not just contested and won by Late Ezekiel
Bauda Afon but was contested and won by APC. Consequently, he said the flag
bearer upon his death, died and left the APC with its victory. “He left APC
with the seat to present somebody to INEC to substitute him” said Gondina.
Gondina further stated that, although the time for substitution of candidate has elapsed, he however make reference to section 33 of the
Electoral Act, 2010 which makes a blanket provision in case of death of a candidate thus:
‘A Political party shall not be allowed to chance or
substitute its candidate whose name has been submitted pursuant to section 31
of this Act, except in the case of death or withdrawal by the candidate.’
Sambo Gondina said
that the APC, armed with its victory at the poll conducted on the 9th
March, 2019 has the right to write to INEC requesting to substitute the
Late Afon. He added that the
substitution cannot be done according to the whims and caprices of the APC but must
be done within the ambit of the law saying that the law as it stands today is
as provided in the case of Amaechi Vs. INEC (2008) All Fwlr (Pt. 407) P.g 1
Supreme Court, @ P.g 97 Para. F-G held thus;
“when a political party later ask to substitute a
candidate, it does so against the background of the result of the primary
election. If there is a problem with a candidate who comes first, then the
party will opt for the 2nd and later 3rd etc. in that order”.
Gondina added that there
is simply no room for a candidate who never contested a primary election in
such setting to emerge a party candidate.
“Indeed, the
sacred position of the law as it stands today is as quoted above. Where the
need arise for party to substitute a candidate who comes first, the candidate
that came second at the party’s primaries will be the eligible candidate to
substitute the candidate that came first. There is no doubt that at the
primaries conducted by the APC, observed and accepted by INEC which produced
the Late Ezekiel Bauda Afon, i emerged second with 83 votes, he stressed.
Hon Gondina prayed
that his name, as the candidate that came second at the primaries conducted by
APC in 2018, be forwarded to INEC as the substitute for the Late Ezekiel Bauda
Afon. “This is in line with the current
position of the law. Sir, i am confident that by the mark of your proven
integrity and commitment towards upholding the standard of honesty and
transparency in the APC, you would be able to deal decisively with the issues
as presented in this petition by giving directive to those concerned to abide
by the position of the law” said Gondina.
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