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2023: Ministers insist on noncompliance to electoral act

 By: Manoah kikekon 


Ministers who have declared presidential ambitions ahead of next year’s election yesterday said they will not resign their membership of the Federal Executive Council (FEC). According to the just amendment electoral act.

 

The Minister of Labour and Employment, Dr. Chris Ngige said he is yet to received any instruction that state he should resign from the ruling All Progressives Congress (APC), the Minister of State for Education Chukwuemeka Nwajiuba said the constitution permits aspirants to resign only 30 days to the poll.

Meanwhile, at the state level, more appointees have continued to tender their resignation, after they have declared their intention to run for political offices. Which is in compliance to the new act.

 

The Nation had earlier reported that in Sokoto State, Manir Dan’Iya, the Deputy Governor who has declared his interest to succeed Governor Aminu Tambuwal resigned yesterday as Commissioner for Local Government and Chieftaincy Affairs, along with the Secretary to the State Governor, Chief of Staff and 11commissioners.

 

The ruling party was said to have issued new guidelines for the conduct primaries, to determine candidates for the various elective positions.

Section 3(i) of the APC guidelines for the nomination of candidates for the 2023 general elections says “no political appointee at any level shall be a voting delegate or be voted for the purpose of the nomination of candidates.

 

“Any political office holder interested in contesting for an elective office shall leave office 30 days, prior to the date of election or party primary for the office sought.”

 

However, speaking to some correspondents after the Federal Executive Council (FEC) meeting at the Presidential Villa, Abuja, The Nation made it known that Ngige denied knowledge of the directives that aspirants should resign ahead of the May 30 presidential primary.

 

Ngige, who maintained that his decision not to resign is in line with the 1999 Constitution, as amended, making it clear that the March 18 judgement of the Federal High Court in Umuahia, struck out Section 84(12) of the Electoral Act.

The minister told newsmen, he is not aware of the need to resign and that he is just hearing if for the first time. “But like I always say, I’ll be guided by the letters and spirit of the Constitution of the Federal Republic of Nigeria.”

“You are pushing me into something that is not necessary to discuss, because that aspect of the law, enacted by the National Assembly, via the Electoral Act, that Section 84(12) has been struck down by a court of law and the cases are on appeal. And for now, no matter how bad the judgement is, that’s the maximum jurisprudence. No matter how bad the law is, it is a judgement of court. It should be obeyed, until upturned or stayed.

 

Stating further that the section of the constitution shouldn’t have been the because it affects some people.

 

“But there is no stay, there’s no atonement of that particular pronouncement, and the party is on appeal. So, the judgement is still subsisting. That aspect of the law was injurious to some persons and should not have been there.” He said

 

“I also know that the Constitution of Federal Republic of Nigeria in certain sections, Section 107, 137 and 88, prescribe disqualification clauses for people who are going for election and that prescription is supreme, because it’s in the constitution and the constitution is ground-norm of all laws.” He added

 

When asked if he is aware that his party has asked all appointees in his cadre to resign, Ngige said: “No, it’s not there. It is not in the works at all. But I will make some consultation with the party, I will find out.”

 

It was further that APC is aware that the judgment of court has not been vacated, he said: “I have not seen that pronouncement from the party. I have not seen any release from the party. It has not been conveyed to me or to anybody. I’m an aspirant, I’m a presidential aspirant. So, I’ll find out and if it is true, I will know what to do.”

 

The minister insisted he would only resign 30 days to the presidential election as stated by the 1999 Constitution as amended.

 

Ngige made it clear that “The resignation of a minister or anybody who is in office is guided by the Constitution of the Federal Republic of Nigeria.

 

“We are required to contest elections if we want. We are required to resign 30 days before any election we choose to contest. That is the position of the law. Every other person can have an opinion.

 

Being a country guided by the constitution, Ngige said there shouldn’t be anything new brought into the constitution but only to amend the existing laws.

 

“My position is that the law of the country rests on the ground norm called the Constitution. If you do not like the Constitution, your work is to amend it. There is no subrogation of power that is required for you to include into a law what is not in that law.” He said

 

Appreciating President Muhammadu Buhari, he said “in the course of the 20 years that I have been in his political household, has afforded me the opportunity to learn and proffered my little effort in the service of our fatherland, Nigeria”.

 

 “We all thank our party, its chairman, the NWC and the NEC that he leads as they build on the work many previous party officers started in coming together to present Nigerians with a Progressive Platform that is a congress for all shades.” He added

 

Source: The Nation

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