A radio analyst in Akwa Ibom has faulted the interpretation of Mr. Mike Igini, the state Resident Electoral Commissioner, on the provision of Section 115(1d) of the Electoral Act, 2022.
Igini, speaking on Tuesday while featuring on a Channels TV monitored programme, Sunrise Daily, declared that certain politicians who contested for more than one elective office risk conviction for electoral offences for violation of the Act.
Igini explained: “A person who signs a nomination paper or result form as a candidate in more than one constituency at the same election [commits an offence and is liable on conviction to a maximum term of imprisonment for two years].”
He also cited provisions of Section 115 (3) which states that any attempt to obtain multiple forms is an offence.
Read also: Two Years’ Jail await Politicians Who Pick Two Nomination Forms- Igini
“Section 115 (D) of the 2022 Electoral Act stipulates that no person shall sign, or obtain more than one form as a candidate for different elections.
“And the offence for that under subsection K, beyond the financial, he will go to two years’ imprisonment.
“Some people are claiming that they participated in one election, that they filled two forms; it’s ignorance of the law and it’s not an excuse,” he was quoted.
Igini noted that by “constituency,” the electoral term refers to a separate election whether it is presidential, governorship, senatorial, the House of Representatives or that of the state assembly.
However, Section 115 (1d) of the Act states ”A person who (d) signs a nomination paper or result form as a candidate in more than one constituency at the same election,
But, the radio analyst who spoke with Planet Radio, Uyo under Peoples Parliament programme disagreed with Igini on his submission.
The analyst who spoke Wednesday, July 20 said the Act says Candidate and not aspirant.
He condemned Igini for sounding as High Court judge on electoral matters instead of an educator on election matters.
However, the Electoral Act 2022 under miscellaneous says ‘‘Candidate’’ means a person who has secured the nomination of a political party to contest an election for any elective office.
‘‘Aspirant’’ means a person who aspires or seeks or strives to contest an election to a political office.
Recall that incumbent Senate President, Ahmad Lawan, contested for the presidential ticket of the All Progressives Congress won by former Lagos State governor, Asiwaju Bola Ahmed Tinubu.
Lawan has been embroiled in a tussle for the ticket of Yobe North senatorial district with another aspirant, Bashir Machina.
The two-term governor of Akwa-Ibom State and immediate past Minister of Niger Delta Affairs, Senator Godswill Akpabio, who withdrew from the APC presidential race at Eagles Square, the venue of the election has been fighting for the ticket of Akwa Ibom North West.
Fact Checks by Straightnews reveal that they were aspirants during the primary and not candidates of their political party as Independent National Electoral Commission (INEC) rejected that they were not validly nominated by their party in line with the provisions of Section 29(1) and 84(1).
Straightnews gathered that Akpabio and Lawan were candidates based on the fact that APC sent their names to INEC once not twice for clearance, as erroneously believed. Hence they are not liable to any wrongful act.”
