EKITI PDP WANTS INEC TO DISQUALIFIES ACN “CANDIDATES” ...THREATENS LEGAL ACTION AGAINST INEC
The Peoples Democratic Party (PDP) in Ekiti State has described the submission of names of Senator Kolawole Olagunju and Mr. Bayo Idowu, as Action Congress (ACN) candidates for the Central Senatorial district and Ekiti Central Federal Constituency I respectively as fraudulent, asking the Independent National Electoral Commission
(INEC) to “delete their names or those of anyone that may have been used to substitute them from the list of candidates for the April general elections.”
The PDP, in a petition titled; “Fraudulent submission of list of candidates by the Action Congress of Nigeria in Ekiti State” said nomination of both Senator Kolawole and Mr. Idowu contravened Section
87 (1) of the Electoral Act 2010 as they never contested any primary elections, either direct or indirect.
It said; “since the purported candidates, Senator Kolawole Olagunju and Mr. Bayo Idowu did not meet the requirements of law, they cannot be substituted under whatever guise; otherwise INEC will be committing illegalities.”
The petition signed by the party Chairman, Chief Bola Olu-Ojo and Secretary, Hon. Gboyega Akinola was addressed to the INEC Chairman, Prof. Attahiru Jega.
It reads in part; “Names of Senator Kolawole Olagunju and Mr. Bayo Idowu, were submitted as the ACN candidates for the Central Senatorial district and Ekiti Central Federal Constituency I.
“Contrary to Section 87 (1) of the Electoral Act 2010, which provides that; “A political party seeking to nominate candidates for elections under this Act shall hold primaries for aspirants to all elective positions,” the ACN simply selected candidates for the above positions.
“In the instant case, Senator Kolawole Olagunju and Mr. Bayo Idowu, the ACN candidates for the Central Senatorial district and Ekiti Central Federal Constituency I respectively never contested any primary elections, either direct or indirect.
“To also demonstrate the ACN's penchant for fraud, misinformation and contempt for INEC and the laws establishing it, one of the party's senatorial aspirants, Mr Babafemi Ojudu posted on the internet on Tuesday, February 8, 2011 at exactly 06:40:10 am that; “As a result of this the party decided to suspend the submission of my form to INEC pending the decision of the Ex Governor's Forum. Since INEC has a deadline for the submission of Nomination form, a dummy candidate was used which could be substituted after it's decision on the appeal.
That was why a nomination form was completed for Senator Kolawole who is the South West Vice Chairman of the Party. Kolawole as you are all aware is from Otun Ekiti in the North Senatorial District.”
“Funny enough too, the ACN Chairman in the State, Chief Jide Awe also said the party had dummy names on the released INEC lists, to serve as substitution in order to douse tension.
“From the fore-goings, we have reasonable grounds to believe that the information given by the purported candidates in their affidavits or any document submitted by them must have been concocted to deceive and mislead INEC and the unsuspecting publics, including the electorate.”
In line with Section 31(4) of the Electoral Act 2010, the PDP also demanded that INEC should release to it, all documents attached to Senator Kolawole and Mr. Idowu's nomination forms, especially the affidavits they deposed to, adding that; “if any form of forgery (which is obvious) is discovered in the documents, especially the affidavits, they must be prosecuted for perjury and forgery. Also, the ACN should be penalised in line with Section 31(8) of the Electoral Act 2010.”
Threatening legal action against INEC, the PDP said; “However, should INEC in the face of all these infractions of the Electoral Act 2010 still go ahead to include the names of Senator Kolawole and Mr Idowu or any other person(s) as candidates for the ACN for Ekiti Central Senatorial district and Ekiti Central Federal Constituency I, we shall not hesitate to take legal actions against the persons involved and the commission in line with Section 31 (5 & 6) and Section 1(b) of the Electoral Act 2010.”
FULL TEXT OF THE PETITION
February 11, 2011
The Chairman, Independent National Electoral
Commission (INEC), Abuja.
Dear Sir,
FRAUDULENT SUBMISSION OF LIST OF CANDIDATES BY THE ACTION CONGRESS OF NIGERIA (ACN) IN EKITI STATE We wish to acknowledge receipt of the list of candidates for the State House of Assembly, House of Representatives and the Senate from Ekiti State. (Your Ekiti State letter ref. INEC/EK/S/LOG/8/S.6/V/792).
We write to draw your attention to the fraud in the list of candidates submitted by the ACN for Ekiti Central Senatorial district and Ekiti Central Federal Constituency I.
Names of Senator Kolawole Olagunju and Mr. Bayo Idowu, were submitted as the ACN candidates for the Central Senatorial district and Ekiti Central Federal Constituency I. (See attached marked A).
Contrary to Section 87 (1) of the Electoral Act 2010, which provides that; “A political party seeking to nominate candidates for elections under this Act shall hold primaries for aspirants to all elective positions,” the ACN simply selected candidates for the above positions.
The ACN also ignored to follow Section 87 (2) of the Act, which states that; “The procedure for the nomination of candidates by the political parties for the various elective positions shall be by direct or indirect primaries.” And not by any other means (Emphasis ours).
In the instant case, Senator Kolawole Olagunju and Mr. Bayo Idowu, the ACN candidates for the Central Senatorial district and Ekiti Central Federal Constituency I respectively never contested any primary elections, either direct or indirect.
We also know for a fact that the ACN and its purported candidates did not comply with Section 31 (2) of the Electoral Act 2010, which states that; “The list or information submitted by each candidate shall be accompanied by an Affidavit sworn to by the candidate at the High Court of a State, indicating that he has fulfilled all the Constitutional requirements for election into that office.”
The question to ask is: who swore to the affidavits attached to the nomination forms submitted to INEC by Senator Kolawole who is from Otun-Ekiti, in Ekiti North Senatorial District and Mr. Idowu, who is from Ise-Ekiti in Ekiti South Federal Constituency I?
If the purported candidates actually deposed to affidavits, how truthful were they? Could they have claimed that they hailed from any of the five local councils in the Ekiti Central Senatorial District?
To also demonstrate the ACN's penchant for fraud, misinformation and contempt for INEC and the laws establishing it, one of the party's senatorial aspirants, Mr Babafemi Ojudu posted on the internet on Tuesday, February 8, 2011 at exactly 06:40:10 am that; “As a result of this the party decided to suspend the submission of my form to INEC pending the decision of the Ex Governor's Forum. Since INEC has a deadline for the submission of Nomination form, a dummy candidate was used which could be substituted after it's decision on the appeal.
That was why a nomination form was completed for Senator Kolawole who is the South West Vice Chairman of the Party. Kolawole as you are all aware is from Otun Ekiti in the North Senatorial District.” (See attached marked B).
Funny enough too, the ACN Chairman in the State, Chief Jide Awe also said the party had dummy names on the released INEC lists, to serve as substitution in order to douse tension. (See attached marked C).
From the fore-goings, we have reasonable grounds to believe that the information given by the purported candidates in their affidavits or any document submitted by them must have been concocted to deceive and mislead INEC and the unsuspecting publics, including the electorate.
Also, since the purported candidates, Senator Kolawole Olagunju and Mr. Bayo Idowu did not meet the requirements of law, they cannot be substituted under whatever guise; otherwise INEC will be committing illegalities.
We therefore demand that the names of Senator Kolawole Olagunju and Mr. Bayo Idowu, both of whom did not comply with the provisions of the Electoral Act 2010 be deleted from INEC's lists of candidates for the April, 2011 polls.
Also, we wish to state that since Senator Kolawole and Mr. Idowu did not meet the requirements of law, it will be illegal for the INEC to substitute them.
Furthermore, in line with Section 31(4) of the Electoral Act 2010, we wish to demand that INEC should release to us, all documents attached to Senator Kolawole and Mr. Idowu's nomination forms, especially the affidavits they deposed to. And if any form of forgery (which is
obvious) is discovered in the documents, especially the affidavits, they must be prosecuted for perjury and forgery. Also, the ACN should be penalised in line with Section 31(8) of the Electoral Act 2010.
However, should INEC in the face of all these infractions of the Electoral Act 2010 still go ahead to include the names of Senator Kolawole and Mr Idowu or any other person(s) as candidates for the ACN for Ekiti Central Senatorial district and Ekiti Central Federal Constituency I, we shall not hesitate to take legal actions against the persons involved and the commission in line with Section 31 (5 &
6) and Section 1(b) of the Electoral Act 2010.
Thanking you for your anticipated prompt action.
Yours faithfully,
Hon. Gboyega Akinola Chief Bola Olu-Ojo,
State Secretary State Chairman
CC: 1. Resident Electoral Commissioner, Ado-Ekiti
2. Acting National Chairman, National Secretariat, Abuja
3. National Legal Adviser, PDP National Secretariat, Abuja