07/07/2022
Senator Ita Enang writes President Muhammadu Buhari, Professor Yemi Osinbajo, Senator Dr Ahmad Ibrahim Lawan, Asiwaju Bola Ahmed Tinubu and ors, over contentious issues of All Progressives Congress, Akwa Ibom State Chapter.
The letter reads:
The National Chairman, All Progressives Congress
Blantyre Street, Wuse, Abuja.
Sir,
AKWA IBOM APC FRUITLESS PRIMARIES AND "NO CANDIDATES" CHALLENGES:ELECTORAL ACT 2022, OUR "BIGGER THAN THE LAW" POSTURING AND NOT INEC IS OUR PROBLEM
I have noted the demonstrations in support of and against the Independent National Electoral Commission - INEC, particularly in Akwa Ibom State and the write ups associated therewith and I conclude that the submissions have come largely from persons who think that what they do is the law and not that our actions should rather conform and comply with extant laws.
INEC is a constitutional body with mandate to conduct specified elections in accordance with Electoral Act as shall from time to time be made by the National Assembly.
The National Assembly pursuant thereto made the Electoral Act, 2003, and upon litigations and Judgments arising therefrom made the 2010 Electoral Act which vested much powers as to Congresses and conventions to choose candidates on political parties, expressing same to be the internal affairs of the respective political parties.
But the 2022 Electoral Act confers monitoring and indeed more active functions and powers on the Electoral Management Body (INEC) from their experiences in the actions of the management of the respective political parties in the conduct of Party Primaries and Party affairs generally. Sections 84 (1), 84(5)(c), & 84 (13) of the 2022 Electoral Act states sequentially as follows: Sections 84 (1) “A political party seeking to nominate candidates for elections under this Act shall hold primaries for aspirants to all elective positions which shall be monitored by the Commission”. 84(5)(c) “in the case of nominations to the position of a Senatorial candidate, a Member of the House of Representatives and a Member of a State House of Assembly, the political party shall, where it intends to sponsor candidates –hold special congresses in the Senatorial District, Federal Constituency and the State Assembly Constituency respectively, with delegates voting for aspirants of their choice in designated centres on specified dates, and the aspirant with the highest number of votes cast 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” 84 (13) “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”.
To justify the pros and cons of the protest or issues we should answer these issues:
The section 84 (1) says that nomination congress shall be monitored by INEC.
INEC did not monitor these purported Congresses that produced the candidate in the Ntukepo led executive, and so cannot be obliged to file the products thereof. INEC was at the Austin Ekanem led executive and duly monitored the Senate, House of Representatives, and House of Assembly elections according to law and therefore only bound to accept, and file the candidates therefrom emerging.
Therefore, in accordance with sections 84 (5)(c) of the Electoral Act 2022 as Amended, it is the Aspirant who emerged from the INEC monitored, Senatorial, Reps and Assembly Primaries being winners of the Primaries of the Party and “the Aspirants name shall be forwarded to the commission as the candidate of the Party."
As at today, the names forwarded to INEC are not the names of persons who emerged from valid Primaries monitored by INEC and conducted by legitimate officials of the Party. The names sent are the ones conducted by the Ntukepo led club not monitored by INEC.
By failing or refusing to send the names of the Aspirants who emerged from validly conducted Primaries monitored by INEC, the Party is latently declaring that it does not intend to sponsor candidates for the Senatorial, House of Representatives and House of Assembly elections. This is the law and INEC is bound to comply.
For emphasis, I again draw attention to sections 84(13) above which prohibits INEC from including our candidate for the said Legislative Houses elections. Even if INEC were to mistakenly or inadvertently include these candidates the other political parties would sue INEC and such inclusion would be annulled.
Section 84(8) provides for the election of delegates to vote in Primaries for Legislative, Gubernatorial and Presidential Elections.
It is therefore important to determine which delegates voted at the purported Ntukepo led executives.The judgment recognizing Ntukepo as the Chairman of the Party related to the State executives, in fact Chairmanship of the State executives. The Ward Congresses and Local Government Chapter Congresses were long concluded and therefore not in contention.
Therefore, the Ward Chairmen and officers, the local government chapter Chairmen and officers under the Austin Ekanem led Executive were not affected by the judgment. These are the Leadership that legitimately elected INEC Monitored Delegates to the States Congresses and National Convention.
Accordingly, only these Delegates could, as INEC insisted elect the Governorship and presidential candidates as the various courts ordered at the National Convention on June 7, 2022 at Abuja.
It is the list of these national delegates that emerged at the Austine Ekanem led wards and local Government chapter led Executives that INEC National Headquarters produced during accreditation at International Conference Centre, Abuja, as the list they monitored at wards and chapter levels which they have at their office and their records, which any person can today apply and obtain certified copy.Afortiori, It is only the delegates list of the Austine led Executive, under the law and in fact that can be used to elect Gubernatorial, Senatorial, House of Representatives and House of Assembly candidates.
Fundamentally, the judgements that made Ntukepo the Chairman, related to my knowledge, the Office of the Chairman and not the entire state Executives. See the original and the other results by the exhibited results hereunder, it is the result of the Chairmanship that was contended and adjudicated upon and not the entire State Executive. See the original and the other results.If there be any other result, from the State Deputy Chairman, Secretary down to the Ex-official, let it be certified by the INEC and Party National Office and exhibited.
It stands therefore that Chief Stephen Ntukepo is to step into the office of the Chairman and lead all the Chapter and Ward Officers earlier elected under the Austine Ekanem led Executive and is to conduct all activities of the Party with these Executives. Any act done with any purported Ward or Chapter Executives produces nullities and therefore Ab-initio void, including primaries.
Accordingly, having made so many correspondences to the Party on the subject, I therefore decide to address this as open letter to Mr. Chairman and NWC praying as follows:
(1) That the Chairman and NWC should please prevent a situation where the Party ALL has no Candidates in the elections.
(2) That the Candidates for the Senatorial, House of Representatives and House of Assembly in the Primaries monitored by INEC should be forwarded to INEC as candidates of the Party.(3) That the Chairman and NWC should please certify and forward to the party leaders in Akwa Ibom State the list of authentic and Authenticated Ward Executives, Local Governments Chapter Executives and state executives who may have emerged from valid INEC monitored respective Congresses at Wards, Chapter and State levels, to enable actors know who to deal through.
(4) If it appears too confusing, challenging, fraudulent, illegal, unworkable, confidence deficient, debasing, shamefully and incapable of leading to Electoral success, the NEC and NWC should do the needful.
(5) That the Party and members should please consider all the issues heretofore Stated, and we will accept that the Independent National Electoral Commission INEC is not the problem but the Electoral Act, which must be complied with or we will not have candidates.
(6) That if the Party decides to abandon and exclude Akwa Ibom in the filing of Legislative Candidates, who emerged from valid Primaries known to law and INEC, insisting on rights only known to repealed Electoral Act 2010, we will not have rallying and vocal candidates in the various Senatorial Districts and constituencies who would be the rallying agents to garner votes for our Presidential candidate.
(7) Can we go into election with these incoherent clubs in the guise of executive which cannot get to draw a State theme for the campaigns, Can the different tendencies mount the same podium to campaign for our candidate to produce result? The answer is in the negative.
Please accept Your Excellencies, the assurances of my loyalty to our party, and whatever the pain I shall not port, but abide.
Sincerely,
Senator Ita Enang LL. D
Gubernatorial Aspirant & Consultant.
CC:
(1) His Excellency, President Mohammadu Buhari GCFR,
President Federal Republic of Nigeria & Leader of the Party
(2) His Excellency, Prof Yemi Osinbajo GCON Vice President
(3) His Excellency, Sen. Ahmed Lawan President of the Senate
(4) His Excellency, Femi Gbajabiamila
Speaker, House of Representatives
(5) His Excellency, Asiwaju Bola Ahmed Tinubu
APC Presidential Candidate.
(6) His Excellency, Atiku Bagudu
Chairman, Progressive Governors' Forum.
(7) The Secretary to the Government of the Federation
The Presidency
(8) APC NWC
(9) The Chairman Independent National Electoral Commission