Electoral Act: Why Peter Obi May Become President in 2023 by Default- Farooq Kperogi

Professor of Journalism, Farooq Kperogi has disclosed how Peter Obi will be the sole contesting presidential candidate come 2023 general election following the violation of the Electoral Act 2022, by APC and PDP.

 

Newsonline reports that Farooq Kperogi stated that while the Labour Party of Peter Obi obeyed the provisions of the Electoral Act 2022, the All Progressive Congress, APC, and Peoples Democratic Party, PDP violated the provisions.

 

Farooq Kperogi arrived at the conclusion of sole Peter Obi presidential candidate after an analysis of documents submitted by the APC, PDP, and LP in line with provisions of the Electoral Act.

 

The documents according to Farooq were shared with him by an INEC insider who is concerned with good governance.

 

“The Electoral Act 2022 requires political parties to notify INEC of their intent to conduct primary elections at least 21 days before the date of their convention. It also requires parties to submit their membership registers to it at least 30 days before their primary election. The APC didn’t meet the first requirement and the PDP failed the second requirement. The Labour Party met both.

 

“Documents an INEC insider shared with me show that the APC didn’t notify INEC of its intent to conduct its primary election 21 days before its convention. Section 82 of the Electoral Acts says the penalty for this infraction is outright disqualification of the candidates of political parties,” Farooq said.

 

Section 82 (1) of the Electoral Act 2022 says, “Every political party shall give the Commission at least 21 days’ notice of any convention, congress, conference, or meeting which is convened for the purpose of ‘merger’ and electing members of its executive committees, other governing bodies or nominating candidates for any of the positions specified under this Act.”

 

READ ALSO: Peter Obi Has No Ideology Like Buhari, Tinubu, Can Only Be Igbo President- Shettima

 

Subsection (5) then says, “Failure of a political party to notify the Commission as stated in subsection (1) shall render the convention, congress, conference, or meeting invalid.”

 

Farooq disclosed that “APC  notified INEC of its intent to hold its convention on May 23, 2022, and held its convention on June 8. That’s just 17 days’ notice, which falls short of the 21 days’ notice the Electoral Act 2022 requires.”

 

Farooq further disclosed that the opposition Peoples Democratic Party violated Section 77(2) of the Electoral Act.

 

Section 77 (2) stated, “Every political party shall maintain a register of its members in both hard and soft copy.” Subsection 3 also says, “Each political party shall make such register available to the Commission not later than 30 days before the date fixed for the party primaries, congresses or convention.”

 

Where a political party violates the above provision, the Electoral Act provides in Section 84 (13), “Where a political party fails to comply with the provisions of this Act in the conduct of its primaries, its candidate for that election shall not be included in that election for the particular position in issue.”

 

According to INEC records Farooq shared, the PDP submitted its membership registers at intervals, which the Electoral Act did not make provision for.

 

Farooq said, ” But the PDP fell afoul of Section (3) of the Electoral Act 2022. Although an INEC document titled “Table of Submission by 18 Political Parties” shows that the PDP submitted its membership register to INEC on April 29, which would make it exactly 30 days since it conducted its convention on May 28, the PDP’s series of correspondence with INEC that an insider shared with me indicates that the party submitted its register in four installments, with the earliest being May 3. May 3 to May 28 is less than 30 days.”

 

“The last correspondence the PDP had with INEC over its membership register is dated May 18. So, technically, the PDP didn’t turn in its complete membership register to INEC until May 18. The Electoral Act makes no provision for a bit-by-bit submission of the membership register,” Farooq argued.