By joshua 
On Tuesday 13th December 2022, the appeal Court sitting in Abuja trashed the judgement of the Federal High Court Lokoja which gave Mr. Akus Lawal from Ankpa LGA of Kogi State the ticket to represent APC as Ankpa 1 candidate fro the House of Assembly elections. The Presiding judge while delivering his judgement describes the former judgement as “Par incuriam”, meaning it was a careless judgement, done with oversight without considering all the relevant factors. He therefore orders that the case be open and treated fresh, in Abuja, with a judge assigned from the Chief Justice of Nigeria.
Mr. Emmanuel Aduku, a physically challenged is a native of Ejegbo in Ankpa LGA, who participated in the primaries and won convincingly with over twenty three votes. Mr. Akus Lawal on the other hand, managed to score two votes. This process was monitored live by all stakeholders, INEC, Security Agencies, delegates and party members.
For Emmanuel Aduku, it is a fight for justice. Because he was shortchanged without a valid reason. The Independent National Electoral Commission Law outlined the conditions for the withdrawal of validly nominated candidates from the 2023 race. As a validly nominated candidate, if he (Emmanuel Aduku) is to withdraw, he must issue a notice in writing and personally deliver such notice to the political party that nominated him for the election. Also, substitution of candidates is allowed in the event of death as provided in Section 34(1) of the Electoral Act or pursuant to an order of a court of competent jurisdiction. The law does not give any political party the right to replace a validly nominated candidate as it is the prerogative of the individual to be substituted.
For Mr. Akus Lawal, it was either a smart move to have his name replaced, against the electoral law, the people and the constitution of the Federal Republic of Nigeria. Many says that he was picked as an arrangement of stakeholders from his community – on the grounds that Mr. Aduku Emmanuel is physically challenged and also a Christian, so he could not win election for the APC.
THE LEGAL IMPLICATIONS FOR KOGI APC:
Section 84(13) of Electoral Act 2022 reads: Any political party that fails to comply with the provisions of the Electoral Act in the conduct of its primaries shall not have a candidate for the office in respect to which there was non-compliance with the Act in the conduct of its primaries.”
The fraudulent and false submission of candidates by Kogi APC, by substituting the duly elected candidate Emmanuel Aduku for Akus Lawal might led to the party not having a candidate at the end of the day, as it is a clear violation of the electoral law.
Recall the similar case of the Senate President Ahmed Lawan and Bashir Sheriff Machina, the duly and validly elected Yobe North senatorial candidate for APC who was almost robbed by the Senate President, but the Federal High Court sitting in Damaturu, Yobe State declared Bashir Sheriff Machina as the All Progressives Congress authentic senatorial candidate for Yobe North in the coming 2023 National Assembly elections and directed INEC to accept and publish his name accordingly.
What will be the fate of Emmanuel Aduku, a physically challenged young man who was favored but rejected? Will the judiciary be the true voice of the common man? Will his mandate be returned to him or the party disqualified?
Only time, shall tell.
Comrade John Emmanuel Ocholi
Covener: Ejegbo Sons & Daughters in diaspora
Email: Mremmyjohn15@gmail.com