The Independent National Electoral Commission has complied with the Federal High Court’s judgment in Abuja, which ordered the substitution of the Labour Party’s deputy governorship candidate for the upcoming September 21 governorship election in Edo state.
INEC National Commissioner and Chairman of the Information and Voter Education Committee, Sam Olumekun, told The Nation that the Commission has implemented the court’s directive.
A check on the INEC website confirms that the Commission has published the name of Yusuf Kadiri Asamah as the Labour Party’s deputy governorship candidate, replacing Mrs. Faith Oluyinka Alofohai in accordance with the court’s judgment.
Earlier, when the Commission published the final list of candidates, Mrs. Faith Oluyinka Alofohai’s name was included. However, the Labour Party’s state leadership protested, claiming they had fulfilled all requirements for the substitution.
On June 27, 2024, Justice Emeka Nwite of the Federal High Court ruled that the Commission must accept and publish Asamah’s name, affirming that the Labour Party was within its rights to nominate him as the running mate to its candidate, Olumide Akpata. The Court determined that INEC lacked the authority to reject Asamah’s nomination, as the Labour Party had acted in compliance with the law, specifically referencing sections 29, 31, 32, and 33 of the Electoral Act and the Constitution.
Justice Nwite highlighted that section 31 of the 2022 Electoral Act allows political parties to request the withdrawal of a candidate whose name has been published within 90 days before the election. The Court found that the Labour Party did not violate any legal provisions in this case.
In its decision, the Court issued a perpetual injunction preventing INEC from publishing any other name in place of Asamah.
The Nation reported that the Labour Party in Edo state had protested against the final list of candidates released by the Commission in April, asserting that it had met all legal requirements for substituting its candidate.
According to the Edo governorship election timetable, political parties had until April 15 to replace their candidates or for candidates to withdraw from the contest. However, as of April 23, when the Commission published the final list, the Labour Party had not replaced their deputy governorship candidate, which the state chapter attributed to a technical glitch from the national headquarters.
Section 31 of the 2022 Electoral Act allows candidates to withdraw by providing written notice, personally delivered to the political party that nominated them. The party must then inform the Commission within 90 days of the election. Section 32(1) requires the Commission to publish a list of all candidates’ names and addresses at least 150 days before the election, and Section 32(2) allows political parties to notify the Commission if a candidate’s name is missing from the list, provided this is done within 90 days of the election. Section 33 stipulates that political parties can only substitute candidates in cases of death or withdrawal and must hold a fresh primary election within 14 days of such an event to nominate a new candidate.
