From the provisions of the electoral act,it is quite clear that INEC does not have the locus stand to determine that a party has not held primaries.

Also ,attendance by INEC at primaries, is not compulsory towards determining whether a party has held its primaries or not.


Section 87 of the act is quite clear:

Nomination of candidates by parties

87. (1) A political party seeking to nominate candidates for elections under this Act shall hold primaries for aspirants to all elective positions.

(2) The procedure for the nomination of candidates by political parties for the various elective positions shall be by direct or indirect primaries.

(3) A political party that adopts the direct primaries procedure shall ensure that all aspirants are given equal opportunity of being voted for by members of the party.

(4) A political party that adopts the system of indirect primaries for the choice of its candidate shall adopt the procedure outlined below-

(a) in the case of nominations to the position of Presidential candidate, a political party shall-

(i) hold special conventions in each of the 36 States of the Federation and Federal Capital Territory, where delegates shall vote for each of the aspirants at designated centres in each State Capital on specified dates,

(ii) a National Convention shall be held for the ratification of the candidate with the highest number of votes,

(iii) the aspirant with the highest number of votes at the end of voting in the 36 States of the Federation and Federal Capital Territory, shall be declared the winner of the Presidential primaries of the political party and the aspirants name shall be forwarded to the Commission as the candidate of the party after ratification by the national convention;

(b) in the case of nominations to the position of Governorship candidate, a political party shall, where they intend to sponsor candidates-

(i) hold special congress in each of the Local Government Areas of the States with delegates voting for each of the aspirants at the congress to be held in designated centres on specified dates,

(ii) the aspirant with the highest number of votes at the end of voting shall be declared the winner of the primaries of the party and aspirant's name shall be forwarded to the Commission as the candidate of the party, for the particular State;

(c) in the case of nominations to the position of a Senatorial candidate, House of Representatives and State House of Assembly a political party shall, where they intend to sponsor candidates-

(i) hold special congresses in the Senatorial District, Federal Constituency and the State Assembly Constituency respectively, with delegates voting for each of the aspirants in designated centres on specified dates;

(ii) The aspirant with the highest number of votes at the end of voting shall be declared the winner of the primaries of the party and the aspirant's name shall be forwarded to the Commission as the candidate of the party;


Now read section 85:

Notice of convention, congress, etc.

85. (1) A registered political party shall give the Commission at least 21 days notice of any convention, congress, conference or meeting convened for the purpose of electing members of its executive committees, other governing bodies or nominating candidates for any of the elective offices specified under this Act.

(2) The Commission may, with or without prior notice to the political party monitor and attend any convention, congress, conference or meeting which is convened by a political party for the purpose of -

(a) electing members of its executive committees or other governing bodies;

(b) nominating candidates for an election at any level; and

(c) approving a merger with any other registered political party.

(3) The election of members of the executive committee or other governing body of a political party, including the election to fill a vacant position in any of these bodies, shall be conducted in a democratic manner and allowing for all members of the party or duly elected delegates to vote in support of a candidate of their choice.

Nfora:
From the provisions of the electoral act,it is quite clear that INEC does not have the locus stand to determine that a party has not held primaries.

Also ,attendance by INEC at primaries, is not compulsory towards determining whether a party has held its primaries or not.


Section 87 of the act is quite clear:

Nomination of candidates by parties

87. (1) A political party seeking to nominate candidates for elections under this Act shall hold primaries for aspirants to all elective positions.

(2) The procedure for the nomination of candidates by political parties for the various elective positions shall be by direct or indirect primaries.

(3) A political party that adopts the direct primaries procedure shall ensure that all aspirants are given equal opportunity of being voted for by members of the party.

(4) A political party that adopts the system of indirect primaries for the choice of its candidate shall adopt the procedure outlined below-

(a) in the case of nominations to the position of Presidential candidate, a political party shall-

(i) hold special conventions in each of the 36 States of the Federation and Federal Capital Territory, where delegates shall vote for each of the aspirants at designated centres in each State Capital on specified dates,

(ii) a National Convention shall be held for the ratification of the candidate with the highest number of votes,

(iii) the aspirant with the highest number of votes at the end of voting in the 36 States of the Federation and Federal Capital Territory, shall be declared the winner of the Presidential primaries of the political party and the aspirants name shall be forwarded to the Commission as the candidate of the party after ratification by the national convention;

(b) in the case of nominations to the position of Governorship candidate, a political party shall, where they intend to sponsor candidates-

(i) hold special congress in each of the Local Government Areas of the States with delegates voting for each of the aspirants at the congress to be held in designated centres on specified dates,

(ii) the aspirant with the highest number of votes at the end of voting shall be declared the winner of the primaries of the party and aspirant's name shall be forwarded to the Commission as the candidate of the party, for the particular State;

(c) in the case of nominations to the position of a Senatorial candidate, House of Representatives and State House of Assembly a political party shall, where they intend to sponsor candidates-

(i) hold special congresses in the Senatorial District, Federal Constituency and the State Assembly Constituency respectively, with delegates voting for each of the aspirants in designated centres on specified dates;

(ii) The aspirant with the highest number of votes at the end of voting shall be declared the winner of the primaries of the party and the aspirant's name shall be forwarded to the Commission as the candidate of the party;


Now read section 85:

Notice of convention, congress, etc.

85. (1) A registered political party shall give the Commission at least 21 days notice of any convention, congress, conference or meeting convened for the purpose of electing members of its executive committees, other governing bodies or nominating candidates for any of the elective offices specified under this Act.

(2) The Commission may, with or without prior notice to the political party monitor and attend any convention, congress, conference or meeting which is convened by a political party for the purpose of -

(a) electing members of its executive committees or other governing bodies;

(b) nominating candidates for an election at any level; and

(c) approving a merger with any other registered political party.

(3) The election of members of the executive committee or other governing body of a political party, including the election to fill a vacant position in any of these bodies, shall be conducted in a democratic manner and allowing for all members of the party or duly elected delegates to vote in support of a candidate of their choice.

So you know more than INEC the custodian, sabinus Please allow the courts to do their job

gare:


So you know more than INEC the custodian, sabinus Please allow the courts to do their job

And I hope when the court makes their pronouncement, it will not be your usual cry " Rule of law is dead".

I have maintained this position. INEC has no say on how Political parties nominate their candidates. They don't have the power to disqualify anybody based on this.

Only the court can determine, if all the process were followed or not in picking candidates..INEc is simply playing to the galleries..

CilicMarin:
I have maintained this position. INEC has no say on how Political parties nominate their candidates. They don't have the power to disqualify anybody based on this.

Only the court can determine, if all the process were followed or not in picking candidates..INEc is simply playing to the galleries..

Shut up a bit. Everything ought to be done properly else parties will keep conducting Primaries until a day b4 general election. I stand with INEC, leaders ought to be disciplined enough to stick to instructions.

Donald95:


Shut up a bit. Everything ought to be done properly else parties will keep conducting Primaries until a day b4 general election. I stand with INEC, leaders ought to be disciplined enough to stick to instructions.

Stop the insult and argue like an enlightened person.

INEC dateline for submission of names is still 18 October.
That is indisputable.

What INEC is saying, iis that they didn't monitor APC's Primaries in Zamfara.

Donald95:


Shut up a bit. Everything ought to be done properly else parties will keep conducting Primaries until a day b4 general election. I stand with INEC, leaders ought to be disciplined enough to stick to instructions.

Shut down,hes right.party primaries are internal affairs of a party,inec cant complain.only a member of that party who was party to the primaries can complain

Am not worried a bit about this INEC and APC thing in Zamfara. Even if eventually APC are disallowed to field candidates, that doesn't guarantee PDP anything. There's always a better plan B which would even make PDP cry more.

APC would just ensure that another irrelevant party wins and then defect. Lobatan.

gare:


So you know more than INEC the custodian, sabinus Please allow the courts to do their job

INEC is not the custodian of the law.


Neither is INEC above the law.


The fact that only the court can decide does not preclude us from educating ourselves about what the law says!

Donald95:


Shut up a bit. Everything ought to be done properly else parties will keep conducting Primaries until a day b4 general election. I stand with INEC, leaders ought to be disciplined enough to stick to instructions.

You are missing the point.

APC chairman wrote to INEC that there was a consensus candidature before the deadline,but INEC is playing to the gallery,Ultra Vires, by saying the party did not hold primaries.

I do not understand what you mean by instructions,but whatever,no instruction is above the law.

The same wailers that abused INEC over the Osun election are celebrating them now over the silly decision to stop APC from from presenting candidates for elective position in Zamfara. Democracy is under threat when INEC's decision favors APC while INEC should be celebrated when they favor PDP.

INEC overreached itself in the Zamfara APC case and their illegal decision cannot stand any legal scrutiny. INEC on its own doesn't have the power to bar any candidate or party from contesting. The supreme court ruled on this matter in 2007 when Obasanjo and Maurice Iwu wanted to use administrative panel indictment and EFCC corruption case to prevent some people from contesting. That power resides solely with the court. If INEC or any other person feels that APC did not follow the electoral act in the conduct of Zamfara primaries, they should go to court and get a valid court judgement. INEC cannot be a judge in its own case. They should go to court and stop grandstanding.

seunmsg:
The same wailers that abused INEC over the Osun election are celebrating them now over the silly decision to stop APC from from presenting candidates for elective position in Zamfara. Democracy is under threat when INEC's decision favors APC while INEC should be celebrated when they favor PDP.

INEC overreached itself in the Zamfara APC case and their illegal decision cannot stand any legal scrutiny. INEC on its own doesn't have the power to bar any candidate or party from contesting. The supreme court ruled on this matter in 2007 when Obasanjo and Maurice Iwu wanted to use administrative panel indictment and EFCC corruption case to prevent some people from contesting. That power resides solely with the court. If INEC or any other person feels that APC did not follow the electoral act in the conduct of Zamfara primaries, they should go to court and get a valid court judgement. INEC cannot be a judge in its own case. They should go to court and stop grandstanding.

Exactly.

lalasticlala

senatordave1:

Shut down,hes right.party primaries are internal affairs of a party,inec cant complain.only a member of that party who was party to the primaries can complain

Good point.

I am still wondering about the motive behind writing a letter to a political party in advance of submission of names.

I am not aware that all political parties held primaries in Zamfara,only APC got letter .


INEC wants to grand stand and pretend to be independent

Nfora:
From the provisions of the electoral act,it is quite clear that INEC does not have the locus stand to determine that a party has not held primaries.

Also ,attendance by INEC at primaries, is not compulsory towards determining whether a party has held its primaries or not.


Section 87 of the act is quite clear:

Nomination of candidates by parties

87. (1) A political party seeking to nominate candidates for elections under this Act shall hold primaries for aspirants to all elective positions.

(2) The procedure for the nomination of candidates by political parties for the various elective positions shall be by direct or indirect primaries.

(3) A political party that adopts the direct primaries procedure shall ensure that all aspirants are given equal opportunity of being voted for by members of the party.

(4) A political party that adopts the system of indirect primaries for the choice of its candidate shall adopt the procedure outlined below-

(a) in the case of nominations to the position of Presidential candidate, a political party shall-

(i) hold special conventions in each of the 36 States of the Federation and Federal Capital Territory, where delegates shall vote for each of the aspirants at designated centres in each State Capital on specified dates,

(ii) a National Convention shall be held for the ratification of the candidate with the highest number of votes,

(iii) the aspirant with the highest number of votes at the end of voting in the 36 States of the Federation and Federal Capital Territory, shall be declared the winner of the Presidential primaries of the political party and the aspirants name shall be forwarded to the Commission as the candidate of the party after ratification by the national convention;

(b) in the case of nominations to the position of Governorship candidate, a political party shall, where they intend to sponsor candidates-

(i) hold special congress in each of the Local Government Areas of the States with delegates voting for each of the aspirants at the congress to be held in designated centres on specified dates,

(ii) the aspirant with the highest number of votes at the end of voting shall be declared the winner of the primaries of the party and aspirant's name shall be forwarded to the Commission as the candidate of the party, for the particular State;

(c) in the case of nominations to the position of a Senatorial candidate, House of Representatives and State House of Assembly a political party shall, where they intend to sponsor candidates-

(i) hold special congresses in the Senatorial District, Federal Constituency and the State Assembly Constituency respectively, with delegates voting for each of the aspirants in designated centres on specified dates;

(ii) The aspirant with the highest number of votes at the end of voting shall be declared the winner of the primaries of the party and the aspirant's name shall be forwarded to the Commission as the candidate of the party;


Now read section 85:

Notice of convention, congress, etc.

85. (1) A registered political party shall give the Commission at least 21 days notice of any convention, congress, conference or meeting convened for the purpose of electing members of its executive committees, other governing bodies or nominating candidates for any of the elective offices specified under this Act.

(2) The Commission may, with or without prior notice to the political party monitor and attend any convention, congress, conference or meeting which is convened by a political party for the purpose of -

(a) electing members of its executive committees or other governing bodies;

(b) nominating candidates for an election at any level; and

(c) approving a merger with any other registered political party.

(3) The election of members of the executive committee or other governing body of a political party, including the election to fill a vacant position in any of these bodies, shall be conducted in a democratic manner and allowing for all members of the party or duly elected delegates to vote in support of a candidate of their choice.

Why do you zombies keep making public asses of yourselves,for God's sake?.
Read what you posted again.
Section 85 deals with electing party executive committee,while Section 87 deals with nomination of candidates for elections,and uses th mandatory word 'shall' all through.
Who do you guys this thing,biko?
I'd thought that to whom brain is given,sense is expected but you guys have shown,times without number,that sense is far from you.
I mean,read the bolded headers of both sections you yourself put up.They're so self-explaining,a primary school pupil would get it.

And for those talking about consensus candidates for various posts,


Section 87 (6):

(6) Where there is only one aspirant in a political party for any of the elective positions mentioned in sub section (4)(a), (b), (c) and (d), the party shall convene a special convention or congress at a designated centre on a specified date for the confirmation of such aspirant and the name of the aspirant shall be forwarded to the Commission as the candidate of the party.


Finally,INEC position is the position of the law,vide:


Section 87 (9),(10),(11):


(9) Where a political party fails to comply with the provisions of this Act in the conduct of its primaries, its candidate for election shall not be included in the election for the particular position in issue.


(10) Notwithstanding the provisions of the Act or rules of a political party, an aspirant who complains that any of the provisions of this Act and the guidelines of a political party has not been complied with in the selection or nomination of a candidate of a political party for election, may apply to the Federal High Court or the High Court of a State, for redress.


(11) Nothing in this section shall empower the Courts to stop the holding of primaries or general election under this Act pending the determination of the suit.


Pay particular attention to S.87(11),zombots
INEC position stands,APC has no Candidate in Zamfara elections.
Ignorance is no excuse in law.

gare:


So you know more than INEC the custodian, sabinus Please allow the courts to do their job

No it ITK. Lawyer nwman Njiku!

Dhugal:
And for those talking about consensus candidates for various posts,


Section 87 (6):

(6) Where there is only one aspirant in a political party for any of the elective positions mentioned in sub section (4)(a), (b), (c) and (d), the party shall convene a special convention or congress at a designated centre on a specified date for the confirmation of such aspirant and the name of the aspirant shall be forwarded to the Commission as the candidate of the party.


Finally,INEC position is the position of the law,vide:


Section 87 (9),(10),(11):


(9) Where a political party fails to comply with the provisions of this Act in the conduct of its primaries, its candidate for election shall not be included in the election for the particular position in issue.


(10) Notwithstanding the provisions of the Act or rules of a political party, an aspirant who complains that any of the provisions of this Act and the guidelines of a political party has not been complied with in the selection or nomination of a candidate of a political party for election, may apply to the Federal High Court or the High Court of a State, for redress.


(11) Nothing in this section shall empower the Courts to stop the holding of primaries or general election under this Act pending the determination of the suit.


Pay particular attention to S.87(11),zombots
INEC position stands,APC has no Candidate in Zamfara elections.
Ignorance is no excuse in law.

It is not within INEC's power to determine whether or not a political party has complied with the act. If INEC or anybody thinks APC did not conduct its Zamfara primaries according to the act, they are free to go to the Federal high court and prove their case. It is only the court that can rule on compliance and not INEC.

CilicMarin:
I have maintained this position. INEC has no say on how Political parties nominate their candidates. They don't have the power to disqualify anybody based on this.

Only the court can determine, if all the process were followed or not in picking candidates..INEc is simply playing to the galleries..

On point.

seunmsg:


It is not within INEC's power to determine whether or not a political party has complied with the act. If INEC or anybody thinks APC did not conduct its Zamfara primaries according to the act, they are free to go to the Federal high court and prove their case. It is only the court that can rule on compliance and not INEC.

Wrong.
INEC is an executive,statutory body.It is actually their job to make sure the provisions of the electoral act are adhered to.
'Notwitstanding' that fact,an aspirant who feels the provisions were not followed,with respect to primaries,can also approach the courts for redress.That's what that subsection said,in plain language.Don't try to twist it.
I also see you avoided S.87(11).
Quite the bad news that holds for you zombots

Dhugal:

Wrong.
INEC is an executive,statutory body.It is actually their job to make sure the provisions of the electoral act are adhered to.
'Notwitstanding' that fact,an aspirant who feels the provisions were not followed,with respect to primaries,can also approach the courts for redress.That's what that subsection said,in plain language.Don't try to twist it.
I also see you avoided S.87(11).
Quite the bad news that holds for you zombots

I won't waste my time arguing with you after this post. Maurice Iwu's INEC argued this same matter in 2007 up to supreme court and they lost. INEC doesn't have the power to disqualify a candidate or stop a registered party from contesting. Only the court has such power. If anybody feels APC did not follow the electoral act, let them go to court and get the candidates of the party disqualified. It is as simple as that.

Dhugal:

Why do you zombies keep making public asses of yourselves,for God's sake?.
Read what you posted again.
Section 85 deals with electing party executive committee,while Section 87 deals with nomination of candidates for elections,and uses th mandatory word 'shall' all through.
Who do you guys this thing,biko?
I'd thought that to whom brain is given,sense is expected but you guys have shown,times without number,that sense is far from you.
I mean,read the bolded headers of both sections you yourself put up.They're so self-explaining,a primary school pupil would get it.

Seems you have just taken oshogbo weed.

Read the Act again.

Perhaps your brain needs reset.

seunmsg:


I won't waste my time arguing with you after this post. Maurice Iwu's INEC argued this same matter in 2007 up to supreme court and they lost. INEC doesn't have the power to disqualify a candidate or stop a registered party from contesting. Only the court has such power. If anybody feels APC did not follow the electoral act, let them go to court and get the candidates of the party disqualified. It is as simple as that.

Oga,this is Electoral Act 2010,as Amended.
Maurice Iwu operated under Electoral Act 2006,that was repealed and replaced with this one.
Try again

Dhugal:
And for those talking about consensus candidates for various posts,


Section 87 (6):

(6) Where there is only one aspirant in a political party for any of the elective positions mentioned in sub section (4)(a), (b), (c) and (d), the party shall convene a special convention or congress at a designated centre on a specified date for the confirmation of such aspirant and the name of the aspirant shall be forwarded to the Commission as the candidate of the party.


Finally,INEC position is the position of the law,vide:


Section 87 (9),(10),(11):


(9) Where a political party fails to comply with the provisions of this Act in the conduct of its primaries, its candidate for election shall not be included in the election for the particular position in issue.


(10) Notwithstanding the provisions of the Act or rules of a political party, an aspirant who complains that any of the provisions of this Act and the guidelines of a political party has not been complied with in the selection or nomination of a candidate of a political party for election, may apply to the Federal High Court or the High Court of a State, for redress.


(11) Nothing in this section shall empower the Courts to stop the holding of primaries or general election under this Act pending the determination of the suit.


Pay particular attention to S.87(11),zombots
INEC position stands,APC has no Candidate in Zamfara elections.
Ignorance is no excuse in law.

It is obvious you lack wisdom and understanding.

The APC national chairman stated that they held a convention at an hotel where a consensus candidate was confirmed,in compliance with section 87(6).

The law did not make it compulsory for the presence of INEC .

What INEC requires is an evidence that indeed a special convention was done.

The deadline for submission of names is October 18,2019.

What is wrong with your brain and that of INEc?

Nfora:



It is obvious you lack wisdom and understanding.

The APC national chairman stated that they held a convention at an hotel where a consensus candidate was confirmed,in compliance with section 87(6).

The law did not make it compulsory for the presence of INEC .

What INEC requires is an evidence that indeed a special convention was done.

The deadline for submission of names is October 18,2019.

What is wrong with your brain and that of INEc?

His brain needs reformating

Dhugal:
And for those talking about consensus candidates for various posts,


Section 87 (6):

(6) Where there is only one aspirant in a political party for any of the elective positions mentioned in sub section (4)(a), (b), (c) and (d), the party shall convene a special convention or congress at a designated centre on a specified date for the confirmation of such aspirant and the name of the aspirant shall be forwarded to the Commission as the candidate of the party.


Finally,INEC position is the position of the law,vide:


Section 87 (9),(10),(11):


(9) Where a political party fails to comply with the provisions of this Act in the conduct of its primaries, its candidate for election shall not be included in the election for the particular position in issue.


(10) Notwithstanding the provisions of the Act or rules of a political party, an aspirant who complains that any of the provisions of this Act and the guidelines of a political party has not been complied with in the selection or nomination of a candidate of a political party for election, may apply to the Federal High Court or the High Court of a State, for redress.


(11) Nothing in this section shall empower the Courts to stop the holding of primaries or general election under this Act pending the determination of the suit.


Pay particular attention to S.87(11),zombots
INEC position stands,APC has no Candidate in Zamfara elections.
Ignorance is no excuse in law.

APC has not contravened any section of the electoral act.

Direct and consensus primaries where held by various factions of the party,agreed.One was cancelled,agreed.

It is the internal problem of the party to resolve the impasse and even ''uncancel'' what was cancelled and present names,before the deadline of October 18.


INEC has acted like a meddlesome interloper.