Declaration Of Lawan As APC Consensus Candidate Violates Constitution – Tinubu’s Lawyer
Category: Nigeria News
The Director of Legal Directorate
Tinubu
Campaign Organization, Babatunde Ogala has condemned the declaration of Senate
President, Ahmad Lawan as the All Progressives Congress, APC, consensus
presidential candidate by the national chairman, Sen Abdullahi Adamu, violates
the Constitution.
He further stated that the move will not only
breach the provisions of Section 84(9) (10) and (11) Electoral Act 2022 but
cause friction among the Governors of the party who are major stakeholders.
Ogala said these in a statement reacting to Adamu’s adoption of
Lawan as the consensus candidate at the meeting of the National Working
Committee, NWC, in Abuja on Monday, contrary to the position of 11 APC Northern
governors who want power shift back to the South.
Also See: Ajimobi’s Son Emerges APC Consensus Candidate
Ogala said: “The
media is inundated with reports that the Chairman of the All progressives
Congress (APC) has unilaterally announced the purported adoption of a certain
candidate as the consensus presidential candidate of the APC for the forthcoming
presidential election in 2023.
“While the National Chairman is yet
to deny or offer any clarification on the alleged declaration, it is necessary
to state that such a declaration is a legal impossibility. This is because under
the regime of the Electoral Act 2022, consensus, though provided for as one of
the means by which a political party may produce its candidate, must
specifically occur in a precise form.
“Section 84(9) (10) and (11) of
the Electoral Act 2022 are the relevant provisions and they state as follows:
Also See:Gov Fayemi Meets Tinubu Over 2023 Presidency, Ekiti Governorship Poll
“(9) A political party that adopts a consensus candidate shall
secure the written consent of all cleared aspirants for the position, indicating
their voluntary withdrawal from the race and their endorsement of the consensus
candidate.
“(10) Where a political party is unable to secure a
written consent of all cleared aspirants for the purpose of a consensus
candidate, it shall revert to the choice of direct or indirect primaries for the
nomination of candidates for the aforesaid elective position.
“(11)
A special convention or nomination congress shall be held to ratify the choice
of consensus candidates at designated centers at the National, State,
Senatorial, Federal and State Constituencies, as the case may be.”
Also See: Nigerians MOCK APC After Party Announced Ahmed Lawan, Consensus Candidate
Tinubu’s legal counsel said except the three clauses are met, the declaration of a
consensus presidential candidate cannot hold.
He further said:
“Instructively, none of the above conditions has occurred in respect of
producing the presidential candidate of the APC. Therefore, any declaration of a
consensus candidate would be premature and a violation of extant provisions of
the law. We are confident that as a law-abiding entity, the APC will not be part
of such.
“We are further persuaded to urge our supporters to
disregard this report considering that the overwhelming majority of the APC
Northern Governors who, after meeting with the President, re-affirmed their
preference for a president from the Southern part of Nigeria. This patriotic
decision is widely accepted by all Nigerians as a demonstration of a deep
understanding of the nuanced fault lines of our nation.
Also See: 2023: Power MUST Shift To The South - Governor Akeredolu
“In the
circumstance, a unilateral declaration by the National Chairman of a consensus
presidential candidate for the party will not only violate the law but set the
party on a collision course with its Governors who are critical stakeholders in
the party.”
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