Any public servant vying for Chairmanship and councillorship positions during the forthcoming local government election in Akwa Ibom State who fails to resign or retire voluntarily would be disqualified.
Addressing a press conference at AKISIEC headquarters, Udo Udoma Avenue, Uyo, on Monday, Elder Aniedi Ikoiwak, the Chairman of Akwa Ibom State Independent Electoral Commission (AKISIEC), said persons in government employ have 30 days before the election to quit their jobs in line with the constitutional provisions.
According to him, the 1999 Constitution of the Federal Republic of Nigeria (as amended) is clear on the need to either resign or retire from office 30 days before the election.
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Recall that the sections 66(1)(f), 107(1)(f), 137(1)(g) and 182(1)(g) of the 1999 constitution state that a person shall not be qualified for election in Nigeria if the candidate is a person employed in the civil or public service of the federation or of any state and has not resigned, withdrawn or retired from the employment at least thirty (30) days before the date of the election.
The interpretation of the above constitutional provision is that any employed civil servant or public servant intending to contest an election in Nigeria must have relinquished his or her position at least 30 days before the date of the election.
Section 318(1) of the 1999 constitution defines public service of the federation to mean the service of the federation in any capacity in respect of the government of the federation and includes:
- Clerk of other staff of the national assembly or of each house of the national assembly;
- Member of staff of the supreme court, the court of appeal, the federal high court, the high court of the federal capital territory, Abuja, the Sharia Court of Appeal of the federal capital territory, Abuja, the customary court of appeal of the federal capital territory, Abuja or other courts established for the federation by this constitution and by an act of the national assembly;
- Member of staff of any commission or authority established for the federation by this constitution or by an act of the national assembly;
- Staff of any area council;
- Staff of any statutory corporation established by an act of the national assembly;
- Staff of any educational institution established or financed principally by the government of the federation;
- Staff of any company or enterprise in which the government of the federation or its agency owns controlling shares or interest;
- Members or officers of the armed forces of the federation or the Nigeria Police Force or other government security agencies established by law.
“Every candidate occupying a public office and is aspiring for a public office should know the constitutional requirements of the office,” he posited.
Ikoiwak said AKISIEC had issued election notice before the commencement of the forthcoming local government election in the state.
Moreover, he said the commission has been holding regular consultative meetings with different stakeholders of political parties and security chiefs in the state on peaceful conduct of the election.
