By using this site, you agree to the Privacy Policy and Terms & Conditions.
Accept
Okay.ngOkay.ngOkay.ng
Font ResizerAa
  • News
    • Politics
  • Entertainment
  • Business & Economy
  • Sport
  • Tech
Reading: Akpabio can contest rerun without resigning — constitutional lawyer writes
Share
Font ResizerAa
Okay.ngOkay.ng
  • News
  • Entertainment
  • Business & Economy
  • Sport
  • Tech
Search
  • News
    • Politics
  • Entertainment
  • Business & Economy
  • Sport
  • Tech
Follow US
  • About Okay.ng
  • Advertising on Okay.ng
  • Contact Okay.ng
  • Careers
  • Meet the Team behind Okay.ng
  • Ownership and Funding of Okay.ng
  • Editorial Principles at Okay.ng
© OKN MEDIA PUBLISHING 2022 - All rights reserved
Opinion

Akpabio can contest rerun without resigning — constitutional lawyer writes

Agency Report with Okay.ng
By Agency Report with Okay.ng
Published: November 12, 2019
Share
8 Min Read
Godswill Akpabio
Godswill Akpabio
SHARE

By J.M Agu Esq. (CIArb)

Since the news of the judgment of the Court of Appeal sitting in Calabar filtered our political space, ordering the Independent National  Electoral Commission (INEC) to immediately withdraw the Certificate of Return issued to His Excellency, Senator Chris Ekpenyong of the People’s Democratic Party (PDP), and conduct a rerun election in Essien Udim Local Government Area of Akwa Ibom State within 90 days, there have been a lot of reactions against and/or for the judgment.

In fact, the People’s Democratic Party (PDP) in Akwa Ibom State has welcomed the judgment as a good development and urged the Honourable Minister of Niger Delta Affairs, Senator God’swill Akpabio (the immediate past Governor of the state) to resign his appointment and avail himself for the election because according to him, it is an opportunity to widen the gap of the margin of victory for the PDP in the 23rd February, 2019 elections.

In his words, “we welcome the judgment of the Court of Appeal which has proven that widespread irregularities occurred in Essien Udim Local Government Area and we are preparing for the election; we are expecting Senator Akpabio’s resignation (as Minister of Niger Delta Affairs) so that he can come for the election.”

- Advertisement -

Ini Emembong, the PDP spokesperson in Akwa Ibom state later issued a statement, saying the rerun would afford the party a chance to widen its victory margin against Mr Akpabio and the All Progressive Congress (APC).

In as much as I do not intend to comment on the judgement of the court of appeal which I am not yet privy to the full judgement, I wish to
commend the courage, dexterity, and industry which Their Lordships put in delivering the landmark judgement. However, this judgment has
opened up another opportunity to enrich both our Constitutional
democracy and Election jurisprudence.

Interestingly, the Appellate Court in its wisdom ordered a rerun
election in Essien Udim LGA, where Senator Akpabio hails from. The
court ruled that the rerun should hold within 90 days of the judgment.

The constitutional question now is:

Whether Senator Akpabio is required to resign his position as the
minister of the Federal Republic of Nigeria before embarking on this
rerun election; or Whether he is eligible to stand for the election even as a minister.

- Advertisement -

A cursory look at the relevant laws will suffice to address the issues. The two major laws governing our electoral processes namely the Constitution of the Federal  Republic of Nigeria 1999 (as amended), (hereafter “the Constitution) and the Electoral Act, 2010 (the Act) are germane. A combined reading of Section 66(1)(f) of the Constitution and Section 87(1)(2)&(4)(c)(i)(ii) of the Act would reveal that the law never envisages a situation like this, and therefore, never expects Sen. Akpabio to resign his current appointment before going into the rerun election.

For the sake of clarity, the two provisions will be reproduced
verbatim. Section 66(1)(f) provides thus:

“No person SHALL be qualified for election to the Senate or House of
Representatives if- (f) he is a person employed in the public service of the Federation or of any State and has not RESIGNED, withdrawn or retired from such employment THIRTY DAYS before the date of election.” (emphasis supplied). Section 87(1)(2)(4)(c)(i)(ii) state as follows:

“A political party seeking to nominate candidates for elections under
this Act SHALL hold primaries for aspirants to all elective positions.

(2) The procedure for the nomination of candidates by political party
for various elective positions SHALL be by direct or indirect
primaries.

(4) A political party that adopts the system of indirect
primaries for the choice of its candidates SHALL adopt the procedure
outlined below:

(c) in the case of nomination to the position of a candidate to
Senate, House of Representatives and House of Assembly, a political
party SHALL, where it intends to sponsor candidates:

(i) hold a special Congress in the Senatorial District, Federal Constituency and the State Assembly Constituency respectively, with
delegates voting for each of the aspirants in designated centre on
specified dates; and (ii) the aspirant with the highest number of
votes at the end of voting SHALL be declared the winner of the
primaries of the party and the aspirant’s name SHALL be forwarded to
the Commission as the candidate of the party.”(emphasis mine).

It can be gleaned from the above provisions that the law envisages the
resignation of a candidate who is contesting a new election and not as
in the present case.

Senator Akpabio, having complied with the provisions of all the relevant laws governing our electoral process need not resign his current appointment before going into the rerun election as ordered by the court.

The legal maxim of expressio unius personae vel, est exclusio alterius which simply means that the express mention of a person or thing is the express exclusion of another as was held by the Supreme Court in the case of Ehuwa v. OSIEC (2006)10 NWRL (pt.1012) 544, can be invoked in this discourse. In that case, Ogbuagu JSC held thus: “it is now firmly established that in the construction of a statutory provision, where a statute mentions specific things or persons, the intention is that those not mentioned are to be excluded…”

Therefore, having mentioned those who ought to have resign their
appointment before contesting election under section 66(1)(f) of the
Constitution, the constitution did not go further to say what happens
in case of rerun election. It is our firm position that the rerun
election is merely a corollary of the original process of 23rd
February, 2019 elections which Akpabio was eligible to contest.

The law is that the whole processes leading to the 23rd February elections are still valid except the completion of the election in Essien Udim Local Government Area.

In conclusion, it is our strong view that Senator God’will Akpabio is
eligible to stand for the election without resigning his position as a
minister before contesting the rerun election. He has two options as
it stands now.

He can decide to contest the rerun election if he wins he has the option of going back to the Senate where he came from, or he can relinquish it for his juicy post as a Minister of the Federal Republic of Nigeria. Therefore, we urge Senator Akpabio’s legal team to urgently approach the court for legal interpretation of the Constitution and the Electoral Act before the conduct of the rerun election as ordered by the Court of Appeal.

In this sense our electoral process will be richly enhanced.

J.M Agu Esq
J.M Agu Esq

J M Agu, ESQ (CIArb) is a Lawyer, Political Analyst, and  Public
Commentator. He writes from Enugu State, Nigeria.

Stay Updated on the Go with Our Latest News—Join Our WhatsApp Channel Now!
TAGGED:AkpabioGodswill Akpabio
Share This Article
Facebook Whatsapp Whatsapp Telegram Email Copy Link Print
Previous Article Shehu of Bama in Borno, Kyari El-Kanemi Borno Emir places ban on sex workers
Next Article Falana raises alert over fresh plans by DSS against Sowore

Connect with Okay on Social

FacebookLike
XFollow
InstagramFollow
TelegramFollow

Dollar/Naira Rates

Okay.ng Logo

Parallel Market Rates

USD
Buy₦1,540.00
Sell₦1,560.00
GBP
Buy₦2,148.00
Sell₦2,180.00
EUR
Buy₦1,740.00
Sell₦1,800.00

Updated: 14 hours ago

Displayed rates are for informational purposes only and are subject to change.

Quick Converter

0.00
ShareShareShare

Rates are for informational purposes only.

Okay.ng Logo Parallel Market Rates
USD
Buy
Sell
GBP
Buy
Sell
EUR
Buy
Sell
| okay.ng
- Advertisement -
- Advertisement -
Ad imageAd image
- Advertisement -
Ad imageAd image

Recent Posts

JAMB Registrar, Is-haq Oloyede
Nationwide Fingerprint Fraud Scandal Uncovered in JAMB CBT Centres, Imo and Anambra Lead
Education News
Senator Natasha Akpoti-Uduaghan
Senator Natasha Akpoti-Uduaghan Explains Delay in Senate Return Amid Legal Nuances
News
ADC Asserts Neutrality Amidst Political Realignments, Denies Bias in Presidential Race
Politics Top stories
Nigeria Union of Teachers
FCT Teachers to Resume as NUT Suspends Over Three-Month Strike
Education
Boladale Odunlami, Commercial Manager, Nestlé Nigeria; Olabisi Joseph, President, Nigeria School Sports Federation (NSSF); and Ifeanyichukwu Orabuche, Category Manager, Beverages, Nestlé Nigeria, pose with the triumphant Father O’Connell Science College team after they clinched the male championship title at the 25th MILO Basketball Championship held at the Indoor Sports Hall, National Stadium, Lagos.
25 Years of Impact as Nestlé’s MILO Basketball Championship Shapes Nigeria’s Future Champions
Sport
- Advertisement -
Ad imageAd image

You May Also Like

Education

New Admission Benchmarks Set to Standardise Tertiary Entry Across Nigeria

Oluwadara Akingbohungbe
Oluwadara Akingbohungbe
July 8, 2025
Dangote Refinery
Energy & Oil

Dangote Refinery Cuts Petrol Price Again to ₦820 Per Litre, Expands Distribution Network

Muhammad A. Aliyu
Muhammad A. Aliyu
July 8, 2025
David Mark
Politics

2027: ADC Has No Preferred Presidential Aspirant – David Mark

Muhammad A. Aliyu
Muhammad A. Aliyu
July 8, 2025
Okay.ngOkay.ng
Follow US
© OKN MEDIA PUBLISHING 2025 - All rights reserved
  • About Okay.ng
  • Advertising on Okay.ng
  • Contact Okay.ng
  • Careers
  • Meet the Team behind Okay.ng
  • Ownership and Funding of Okay.ng
  • Editorial Principles at Okay.ng
adbanner
Welcome Back!

Sign in to your account

Username or Email Address
Password

Lost your password?