Assoc. Professor, C. C. Moumah stated this while presenting a paper on ” Electoral Act 2022: key changes, developmental trend and impact on 2023 general elections”

*The Professor of Law stated that the essence of section 77(2)(3) of electoral Act 2023 as Amended was to ensure that only members of a political party could vote or be voted for in party primaries.

*Continuing, he explained, “It is clear from the provisions of Section 131 (1) (c) of the constitution of the Federal Republic of Nigeria 1999 as amended, that a person shall be qualified for election to the office of President if (c) he is a member of a political party …’; section 177(1)(c) for Governor of a state; section 65(2)(b) for National Assembly; and section 106(d) for State House of Assembly.”

*The Assoc. Prof. stated that section 77(1)(2)(3) was a novel and notable key change to the Electoral Act that has introduced capturing of membership of a political party in a register and submitting such register to INEC, 30 days before party primary elections.

*He added, “the hitherto controversy on party membership identification has been solved by this section 77(1)(2)(3). Political parties can nolonger manufacture strange names as members. It provided for only those members, whose names appear in the party register and duly submitted to INEC are eligible to vote as delegates and voted for as aspirants.”

*”The implication of the provision is to entirely eliminate jumping from one party to another after primary elections. Any movement to another political party less than 30 days to the party’s primary election, disqualifies such a member to vote or be voted for in the new party.”

In view of breach of section 77(3), Prof. asserted, “It is my informed opinion that votes for any candidate who is in breach of section 77(3) are wasted votes as such a candidate wasn’t qualified ab initio to contest the election. He said he will be surprised, if the tribunal didn’t hold same in their judgments.

On whether the matter is a pre-election or post-election matter, the law lecturer said, it is both. He said at post-election stage, the result announced by INEC can be questioned by a candidate from another political party, who participated in the election through petition to the Election Tribunal, pleading for disqualification and wasted votes under section 134(1)(a) of the Electoral Act, 2022.

(CDA NEWS)
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