Ikonne: PDP has 14 days to conduct fresh primaries, lawyers declare

G5 governors to help in replacement dilemma
Ikpeazu, Ohaneze, others mourn as Abia PDP governorship candidate dies

Following the sudden death of Prof. Eleazar Uchenna Ikonne, the governorship candida

Ohaneze Ndigbo

Citing the relevant provision of the Electoral Act, a professor of law, Edoba Omoregie (SAN) said the party has 14 days to conduct fresh primary.

His words: “On the question of what the law provides in the circumstances of the demise, section 33 of the Electoral Act, 2022 anticipates this eventuality.

“That’s why the section explicitly provides that where the candidate of a political party dies before the date fixed for an election, the party shall within 14 days of the death of the candidate hold fresh primary election to produce and submit a new candidate to the Independent National Electoral Commission (INEC) for the election.

“Therefore, since the governorship election is fixed for March 11, 2023, there are more than enough days within which the PDP can hold a fresh primary election to select a new gubernatorial candidate in Abia State, and submit the name to INEC as the party’s candidate in the election.”

He warned that the party must be mindful that it has only 14 days to do that because it begins to count from the date of the death of Prof. Ikonne.

Also in agreement with him, human rights lawyer, Inibehe Effiong, reiterated that by virtue of section 33 of the Electoral Act, the party must hold another primary within 14 days.

“By virtue of Section 33 of the Electoral Act, the PDP has to hold a primary within 14 days to elect another candidate change and submit the name of the person elected at the fresh primary to INEC to replace the deceased. This is the position of the law,” he declared.

Similarly, Festus Ogun, also a lawyer, agreed that by virtue of Section 33 of the Electoral Act, 2022 upon the death of a candidate, a political party shall within 14 days of the occurrence of death hold a fresh primary election and shall produce a fresh candidate to INEC.

“The implication is that the PDP shall, upon notifying INEC and within 14 days, conduct a fresh gubernatorial primary in Abia State in accordance with its Constitution and the Electoral Act wherein a new governorship candidate will emerge.

“The deputy governorship candidate’s nomination terminates with the death of Prof. Ikonne. It is, therefore, not the law that the Abia deputy governorship candidate shall automatically be nominated as the governorship candidate of the party.

“Section 187 of the 1999 Constitution provides that a governorship candidate can only be deemed to be validly nominated if he actually nominates a deputy. Further, a deputy governorship candidate can only be deemed elected if the governor that actually nominated him wins the election.

“Thus, for there to be a valid nomination, the PDP must conduct a fresh primary to produce a governorship candidate and the said candidate shall freshly nominate his own deputy, who may also be Prof. Ikonne’s deputy or any other person,” he explained.

Meanwhile, there are speculations that the Group of Five governors (G5) in the party’s Integrity Group may meet to resolve governor Okezie Ikpeazu’s dilemma of who to replace Ikonne.

A member of the Integrity Group, who did not want his name in print, told The Guardian that the death of the Professor of Optometry has put the G5 in a very tight corner, noting that the group plans an urgent meeting to discuss the matter.

The G5 are opposed to the continued stay of Dr. Iyorchia Ayu in office as the national chairman of PDP, even as they have declined from identifying with the party’s activities to press home their demand on Ayu to step aside in line with his alleged avowals before last national convention of the party.

The Electoral Act 2022 stipulates that in the event that a nominated candidate of a political party dies before election, the party will conduct a fresh straw poll to nominate his/her replacement within 14 days.

The governorship poll is still about 50 days away as such the postponement may not apply, but the snag for Abia PDP in the present circumstances is that the governor belongs to the G5 that is opposed to Ayu.

The Supreme Court had in the case of Edo State PDP primary elections declared that only the National Working Committee (NWC) of a party enjoys the exclusive right to nominate, sign and send the names of the candidate to the Independent National Electoral Commission (INEC) in every election.

It is therefore, left to be seen how Ikpeazu, as a member of G5, would approach the PDP NWC and Ayu in particular to reach an agreement on how to conduct a new governorship primary election for Abia State.

But, a member of the PDP NWC told The Guardian that it is not likely that Ayu would interfere with the fresh governorship primary or use it as a bargaining chip.

Preferring not to be quoted, the source said all that the party is required to do is to invite same set of delegates that participated in the previous straw poll to come and cast their ballot for any candidate of their choice.

As to whether there would be new entrants and fresh sale of forms, the NWC official said the Electoral Act 2022 did not open such window, since according to him, the entry period has closed long ago.

Meanwhile, governor Ikpeazu, the apex Igbo socio-cultural organisation, Ohanaeze Ndigbo worldwide and the PDP yesterday expressed grief over the sudden death of Ikonne, who died at the age of 67.

The death of Ikonne was announced yesterday by his son, Dr. Chikezie Uche-Ikonne, a medical doctor.

In a statement, Dr. Chikezie said his father died at the National Hospital, Abuja, by 4 a.m., while recovering after taking proper treatment in Britain.

He said that his late father relapsed a few days earlier, leading to multiple cardiac arrests for which he didn’t recover again, adding that further details and arrangements would be made known to the public after deliberations and meetings are made within the family.

The devastated governor Ikpeazu, who had earlier assured of the recovery of the late Ikonne, condoled with the family and ordered the suspension of campaign activities.

“While we condole with the family of the late Professor of Optometry, the PDP family and Abians in general, we pray God to have mercy on his soul, grant him eternal rest and give everyone affected by his unfortunate demise the fortitude to bear the irreparable loss.

“As a mark of honour to our dear departed brother, I hereby direct that all flags in Abia State PDP offices be lowered and flown at half mast while all campaign activities for the party at all levels be suspended until Monday, 30th January, 2023. I urge all PDP leaders and members to remain calm as we navigate through this difficult period together,” he stated.

Also, Ohanaeze has expressed grief on the passage of Ikonne, who was the immediate past Vice Chancellor of the Abia state University.

The group in a statement by its Secretary-General, Mazi Okechukwu Isiguzoro, noted the immense contributions, ideas, and also the uncommon roles of Prof. Ikonne in the medical profession, academic development, and stability of Abia State, and the entire Southeast, adding that he will be greatly missed.

According to Ohaneze, his peaceful disposition earned him numerous appointments including Rector Abia State Polytechnic Aba, 7th Vice-Chancellor of Abia State University Uturu and the PDP ticket for the Abia governorship elections.

Ohanaeze further grieved that Professor Ikonne died at a time his vast and rich wealth of experience, lofty ideas and wise counseling were needed towards consolidating numerous monumental giant strides achieved by Governor Okezie Ikpeazu-led administration in the past seven years in Abia State.

“Ohanaeze Ndigbo calls on the government of Abia state to immortalise late Prof. Ikonne for his patriotism and unquantifiable sacrifices. The new Government House should be named after the deceased. And we equally want to use this medium to call on the state government to honour this great gentleman with an organised befitting burial for his supportive sacrifices,” Ohaneze said.
The apex Igbo group, however, consoled the Ikonne family, the PDP Abia State, the Government, and the people of Abia state and prayed God to grant the deceased peaceful rest.
The state Information Commissioner, Dr. Eze Chikamnayo posted late Ikonne’s son’s announcement on his Facebook page, while the state Secretariat of the PDP along St. Finbars Road and the prof Ikonne’s Campaign Office along Onyerubi Close, both in Umuahia, the state capital were deserted, yesterday, with only junior workers left behind.

Reacting on the legal consequence of such sudden death on the governorship race in Abia, a professor of law, Edoba Omoregie (SAN) said the party has 14 days to conduct fresh primary.

His words: “On the question of what the law provides in the circumstances of the demise, section 33 of the Electoral Act, 2022 anticipates this eventuality.

“That’s why the section explicitly provides that where the candidate of a political party dies before the date fixed for an election, the party shall within 14 days of the death of the candidate hold fresh primary election to produce and submit a new candidate to the Independent National Electoral Commission (INEC) for the election.

“Therefore, since the governorship election is fixed for March 11, 2023, there are more than enough days within which the PDP can hold a fresh primary election to select a new gubernatorial candidate in Abia State, and submit the name to INEC as the party’s candidate in the election.”
He warned that the party must be mindful that it has only 14 days to do that because it begins to count from the date of the death of Prof. Ikonne.

Also, in agreement with him, human rights lawyer, Inibehe Effiong, explained that by virtue of section 33 of the Electoral Act. The party must hold another primary within 14 days.

“By virtue of Section 33 of the Electoral Act, the PDP has to hold a primary within 14 days to elect another candidate change and submit the name of the person elected at the fresh primary to INEC to replace the deceased. This is the position of the law,” he declared.

Meanwhile, there are speculations that the Group of Five governors (G5) in the party’s Integrity Group may meet to resolve Ikpeazu’s dilemma of who to replace him.

A member of the Integrity Group, who did not want his name in print, told The Guardian that the death of the Professor of Optometry has put the G5 in a very tight corner, noting that the group plans an urgent meeting to discuss the matter.

The G5 are opposed to the continued stay of Dr. Iyorchia Ayu in office as the national chairman of PDP, even as they have declined from identifying with the party’s activities to press home their demand on Ayu to step aside in line with his alleged avowals before last national convention of the party.

The Electoral Act 2022 stipulates that in the event that a nominated candidate of a political party dies before election, the party will conduct a fresh straw poll to nominate his/her replacement within 14 days.

The governorship poll is still about 50 days away as such the postponement may not apply, but the snag for Abia PDP in the present circumstances is that the governor belongs to the G5 that is opposed to Ayu.

The Supreme Court had in the case of Edo State PDP primary elections declared that only the National Working Committee (NWC) of a party enjoys the exclusive right to nominate, sign and send the names of the candidate to the Independent National Electoral Commission (INEC) in every election.

It is therefore, left to be seen how Ikpeazu, as a member of G5, would approach the PDP NWC and Ayu in particular to reach an agreement on how to conduct a new governorship primary election for Abia State.

But, a member of the PDP NWC told The Guardian that it is not likely that Ayu would interfere with the fresh governorship primary or use it as a bargaining chip.

Preferring not to be quoted, the source said all that the party is required to do is to invite same set of delegates that participated in the previous straw poll to come and cast their ballot for any candidate of their choice.

As to whether there would be new entrants and fresh sale of forms, the NWC official said the Electoral Act 2022 did not open such window, since according to him, the entry period has closed long ago.