Some lawyers said yesterday that the Electoral Act 2022 provides a 14-day window within which the party must conduct a new primary to pick his replacement as the chairman of the Peoples Democratic Party (PDP) in Abia State.
Using the relevant provision of the Electoral Act, law professor Edoba Omoregie (SAN) stated that the party has 14 days to hold a new primary.
“On the question of what the law provides in the circumstances of death, section 33 of the Electoral Act, 2022 anticipates this eventuality,” he says.
“That’s why the section explicitly provides that where the candidate of a political party dies before the date fixed for an election, the party shall within 14 days of the death of the candidate hold fresh primary election to produce and submit a new candidate to the Independent National Electoral Commission (INEC) for the election.
“Therefore, with the governorship election set for March 11, 2023, the PDP has more than enough days to hold a fresh primary election in Abia State, select a new gubernatorial candidate, and submit the name to INEC as the party’s candidate in the election.”
He cautioned the party to keep in mind that it only has 14 days to do so, counting from the date of Prof. Ikonne’s death.
Human rights lawyer Inibehe Effiong agreed with him, stating that under Section 33 of the Electoral Act, the party must hold another primary within 14 days.
“By virtue of Section 33 of the Electoral Act, the PDP has to hold a primary within 14 days to elect another candidate change and submit the name of the person elected at the fresh primary to INEC to replace the deceased. “This is the legal position,” he declared.
Similarly, Festus Ogun, a lawyer, agreed that under Section 33 of the Electoral Act, 2022, a political party must hold a new primary election and submit a new candidate to INEC within 14 days of the death of a candidate.
“The implication is that the PDP shall, upon notifying INEC and within 14 days, conduct a fresh gubernatorial primary in Abia State in accordance with its Constitution and the Electoral Act wherein a new governorship candidate will emerge.
“The deputy governorship candidate’s nomination terminates with the death of Prof. Ikonne. As a result, it is not mandatory for the Abia deputy governorship candidate to be nominated as the party’s governorship candidate.
“According to Section 187 of the 1999 Constitution, a governorship candidate is only considered validly nominated if he actually nominates a deputy. Furthermore, a deputy governor candidate is only considered elected if the governor who nominated him wins the election.
“As a result, in order for there to be a valid nomination, the PDP must hold a fresh primary to produce a governorship candidate, and the said candidate must nominate his own deputy, who may also be Prof. Ikonne’s deputy or any other person,” he explained.
Meanwhile, there is speculation that the party’s Integrity Group’s Group of Five Governors (G5) will meet to resolve governor Okezie Ikpeazu’s dilemma of who to replace Ikonne.
The death of the Professor of Optometry has put the G5, according to a member of the Integrity Group who did not want his name printed, in a very tight corner, and the group is planning an urgent meeting to discuss the matter.
The G5 are opposed to Dr. Iyorchia Ayu’s continued tenure as PDP national chairman, even though they have declined to identify with the party’s activities in order to press their demand for Ayu to step down in accordance with his alleged avowals before the party’s last national convention.
The Electoral Act 2022 states that if a political party’s nominated candidate dies before the election, the party must hold a new straw poll to nominate his or her replacement within 14 days.
The governorship election is still about 50 days away, so the postponement may not apply, but the problem for the Abia PDP in the current situation is that the governor belongs to the G5, which is opposed to Ayu.
In the case of the Edo State PDP primary elections, the Supreme Court ruled that only a party’s National Working Committee (NWC) has the exclusive right to nominate, sign, and send the names of candidates to the Independent National Electoral Commission (INEC) in every election.
It remains to be seen how Ikpeazu, as a member of the G5, will approach the PDP NWC and, in particular, Ayu in order to reach an agreement on how to conduct a new governorship primary election in Abia State.
However, a member of the PDP National Working Committee told The Guardian that Ayu is unlikely to interfere with the new governorship primary or use it as a bargaining chip.
The source, who did not want to be identified, stated that all the party needs to do is invite the same set of delegates who participated in the previous straw poll to come and vote for any candidate of their choice.
In response to whether there would be new entrants and new sales of forms, a NWC official stated that the Electoral Act 2022 did not open such a window, as the entry period had long since closed.
Meanwhile, governor Ikpeazu, the apex Igbo socio-cultural organization, Ohanaeze Ndigbo worldwide, and the PDP expressed condolences on Ikonne’s death, which occurred at the age of 67.
Dr. Chikezie Uche-Ikonne, a medical doctor, announced his father’s death yesterday.
Dr. Chikezie said in a statement that his father died at the National Hospital in Abuja at 4 a.m., while recovering from proper treatment in Britain.
He stated that his late father relapsed a few days earlier, resulting in multiple cardiac arrests from which he did not recover, and that further details and arrangements would be made public after family deliberations and meetings.
Governor Ikpeazu, who had previously assured the family of the late Ikonne’s recovery, expressed his condolences and ordered a halt to campaign activities.
“While we condole with the family of the late Professor of Optometry, the PDP family and Abians in general, we pray God to have mercy on his soul, grant him eternal rest and give everyone affected by his unfortunate demise the fortitude to bear the irreparable loss.
“As a mark of honour to our dear departed brother, I hereby direct that all flags in Abia State PDP offices be lowered and flown at half mast while all campaign activities for the party at all levels be suspended until Monday, 30th January, 2023. “I urge all PDP leaders and members to remain calm as we navigate this trying time together,” he said.
Ohanaeze has also expressed sorrow over the death of Ikonne, the immediate past Vice Chancellor of Abia State University.
In a statement issued by its Secretary-General, Mazi Okechukwu Isiguzoro, the group noted Prof. Ikonne’s immense contributions, ideas, and unusual roles in the medical profession, academic development, and stability of Abia State and the entire Southeast, adding that he will be greatly missed.
Ohaneze claims that his calm demeanor earned him numerous appointments, including Rector of Abia State Polytechnic Aba, 7th Vice-Chancellor of Abia State University Uturu, and the PDP ticket for the Abia governorship elections.
Ohanaeze was also saddened that Professor Ikonne died at a time when his vast and rich wealth of experience, lofty ideas, and wise counsel were needed to consolidate the numerous monumental giant strides made by Governor Okezie Ikpeazu’s administration in Abia State over the last seven years.
“Ohanaeze Ndigbo calls on the government of Abia state to immortalise late Prof. Ikonne for his patriotism and unquantifiable sacrifices. The new Government House should be named after the late Prime Minister. “We also want to use this medium to urge the state government to honor this great gentleman with a proper burial in recognition of his selfless sacrifices,” Ohaneze said.
The apex Igbo group, on the other hand, consoled the Ikonne family, the PDP Abia State, the government, and the people of Abia state, and prayed to God for the deceased’s peaceful rest.
Dr. Eze Chikamnayo, the state Information Commissioner, posted late Ikonne’s son’s announcement on his Facebook page, while the state PDP Secretariat along St. Finbars Road and Prof Ikonne’s Campaign Office along Onyerubi Close, both in Umuahia, the state capital, were deserted yesterday, with only junior workers remaining.
Reacting to the legal implications of such a sudden death in the Abia governorship race, a law professor, Edoba Omoregie (SAN), said the party has 14 days to hold a fresh primary.
“On the question of what the law provides in the circumstances of death, section 33 of the Electoral Act, 2022 anticipates this eventuality,” he says.
“That’s why the section explicitly provides that where the candidate of a political party dies before the date fixed for an election, the party shall within 14 days of the death of the candidate hold fresh primary election to produce and submit a new candidate to the Independent National Electoral Commission (INEC) for the election.
“Therefore, with the governorship election set for March 11, 2023, the PDP has more than enough days to hold a fresh primary election in Abia State, select a new gubernatorial candidate, and submit the name to INEC as the party’s candidate in the election.”
He cautioned the party to keep in mind that it only has 14 days to do so, counting from the date of Prof. Ikonne’s death.
In addition, human rights lawyer Inibehe Effiong agreed with him, explaining that section 33 of the Electoral Act. Within 14 days, the party must hold another primary.
“By virtue of Section 33 of the Electoral Act, the PDP has to hold a primary within 14 days to elect another candidate change and submit the name of the person elected at the fresh primary to INEC to replace the deceased. “This is the legal position,” he declared.
Meanwhile, there are rumors that the party’s Integrity Group’s Group of Five Governors (G5) will meet to decide who will replace Ikpeazu.
The death of the Professor of Optometry has put the G5, according to a member of the Integrity Group who did not want his name printed, in a very tight corner, and the group is planning an urgent meeting to discuss the matter.
The G5 are opposed to Dr. Iyorchia Ayu’s continued tenure as PDP national chairman, even though they have declined to identify with the party’s activities in order to press their demand for Ayu to step down in accordance with his alleged avowals before the party’s last national convention.
The Electoral Act 2022 states that if a political party’s nominated candidate dies before the election, the party must hold a new straw poll to nominate his or her replacement within 14 days.
The governorship election is still about 50 days away, so the postponement may not apply, but the problem for the Abia PDP in the current situation is that the governor belongs to the G5, which is opposed to Ayu.
In the case of the Edo State PDP primary elections, the Supreme Court ruled that only a party’s National Working Committee (NWC) has the exclusive right to nominate, sign, and send the names of candidates to the Independent National Electoral Commission (INEC) in every election.
It remains to be seen how Ikpeazu, as a member of G5, will approach the PDP NWC and, in particular, Ayu in order to reach an agreement on how to conduct a new governorship primary election in Abia State.
However, a member of the PDP National Working Committee told The Guardian that Ayu is unlikely to interfere with the new governorship primary or use it as a bargaining chip.
The source, who did not want to be identified, stated that all the party needs to do is invite the same set of delegates who participated in the previous straw poll to come and vote for any candidate of their choice.
In response to whether there would be new entrants and new sales of forms, a NWC official stated that the Electoral Act 2022 did not open such a window, as the entry period had long since closed.
