Some argue that the unconscionable N100 million nomination form and expression of interest fees for presidential aspirants of All Progressives Congress is a clever way to breach Section 91(2) of Nigeria’s Electoral Act which provides that, “The maximum expenses to be incurred by a candidate at a presidential election shall be N1,000,000,000.”
So, the more than N2.5 billion said to have been paid so far by APC aspirants will end up as a war chest to fund the electioneering campaign of the preferred aspirant who may not have the money to fund his presidential quest.
Section 8(a) of the Electoral Act provides that, “In determining the total expenditure incurred in relation to the candidature of any person at any election, no account shall be taken of any deposit made by the candidate on his nomination in compliance with the law.”
This ouster clause seems to have been introduced to cleverly neutralise the potential sting of Section 9 of the Electoral Act, which provides that, “An individual or other entity shall not donate more than N1,000,000 to any candidate.”
After the President, Major General Muhammadu Buhari (retd.), said ministers who wanted to contest electoral offices must go, in compliance with Section 84(12) of the Electoral Act, some, like Science and Technology Minister, Dr Ogbonaya Onu, Minister of Transportation, Rotimi Amaechi, and Emeka Nwajiuba, Minister of State for Education, resigned.
Minister of Niger Delta Affairs, Godswill Akpabio, resigned, though he is yet to submit his nomination papers. Section 84(12) of the Electoral Act provides, “No political appointee at any level shall be a voting delegate or be voted for at the Convention or Congress of any political party, for the purpose of the nomination of candidates for any election.”
Those who fear that the high nomination fee was designed to deter unserious candidates are not aware of Section 42(1) of Nigeria’s Constitution, which says that “A citizen of Nigeria of a particular community, ethnic group, place of origin, sex, religion or political opinion shall not, by reason only that he is such a person:
“(A) Be subjected, either expressly by, or in the practical application of, any law in force in Nigeria, or any executive or administrative action of the government, to disabilities or restrictions to which citizens of Nigeria of other communities, ethnic places of origin, sex, religions, or political opinions are not made subject; or
“(B) Be accorded either expressly by, or in the practical application of, any law in force in Nigeria or any such executive or administrative action, any privilege or advantage that is not accorded to citizen of Nigeria of other communities, ethnic groups, places of origin, sex, religions, or political opinions.” This convoluted phrase means that no Nigerian can be refused rights accorded to other Nigerians.
Dr Chris Ngige, Minister of Labour and Employment, reportedly paid the N100,000,000 (though some say he didn’t) before saying he would resign after he might have consulted with the president and with his constituents.
He finally refused to resign “in the overall interest of the nation, in order to concentrate on my job, and to assist the president and the government weather the difficult last lap in the life of the administration, and… for other family reasons.”
Minister of Women Affairs, Pauline Tallen, who wanted to contest for a senatorial seat, attended the valedictory meeting with the president, then turned around to say, “I… have not submitted any resignation letter.”
Abubakar Malami, Minister of Justice and Attorney General of the Federation, who reportedly wanted to be governor of Kebbi State, too denied that he ever submitted any letter of resignation. And Mr President has kept mum.
Timipriye Sylva, Minister of State for Petroleum Resources, who had presented his nomination papers, admits to have withdrawn his resignation letter. An anonymous aide claims that Sylva “has decided to waive his personal ambition to see what he can contribute in the remaining part of President Buhari’s administration.”
It doesn’t look as if anyone will heed the opinion of Attorney Femi Falana that, once a minister resigns, it is illegal and unconstitutional for him to withdraw the resignation. Section 306(2) of Nigeria’s Constitution, says:
“The resignation of any person from any office established by the Constitution shall take effect when the writing signifying the resignation is received by the authority or person to whom it is addressed, or by any person authorised by that authority or person to receive it.”
Falana clarifies, “Since the resignation of the former ministers has taken effect, they cannot return to the cabinet either on their own volition or on the directive of the president… The resignation of the ministers is not a cabinet reshuffle. It is akin to the removal of the former ministers by the president.”
If you think this revelation is much ado about nothing, it shows that you do not believe in the principle of the rule of law, the neglect of which has led to impunity and loss of standards in the public arena in Nigeria.
Some aspirants, or their sponsors, to prove that they have paid the nomination fee, caused a copy of their bank alerts to be posted on social media. You just wonder to what ridiculous extent Nigerians can descend.
Reality is dawning on some contenders after the news that only Senator Bola Tinubu, obviously the leading presidential aspirant, submitted his nomination papers signed by the mandatory 370 delegates, which reportedly include 10 APC governors.
That may have convinced the likes of Gbenga Hashem-Olawepo, the outsider on the fringe of the APC, to withdraw from the race. Maybe, somehow, he now knows that the time has come to separate the boys from the men.
Following are his words, which are akin to a lamentation, “My political pursuit (to be President of Nigeria) must now bow to our collective national interest. It is not about me but about Nigeria.” Someone probably leaned on him.
Adamu Garba, who reportedly raised N80 million, stepped down from the presidential contest (and from APC), with the argument that the N100 million nomination fee is outrageous. Maybe he suddenly realised that his money was going to be used to fund another person’s candidature.
Star boy, Vice President Yemi Osinbajo, has reportedly submitted his nomination forms, which suggests that he too has been able to rack up the mandatory 370 delegates, though that has not been publicly acknowledged.
Governor Kayode Fayemi, who turned American President John Fitzgerald Kennedy’s acronym, JFK, into JKF, to suit his name, John Kayode Fayemi, and presidential friend and former Ogun State Governor, Ibikunle Amosun, are yet to submit their papers.
Insinuations that the Economic and Financial Crimes Commission is sniffing around to determine the “hygiene” of the finances of political parties and presidential aspirants who have paid the outrageous nomination fee may be mere speculation.
The declaration by Abdulrasheed Bawa, EFCC Chairman, that “We want to know the source (of the monies paid into the coffers of the political parties, whether it is legitimate… That is what concerns us,” may be a ploy to make everyone lose sight of the indirect campaign fundraiser.
Nigerians, who believe that EFCC is looking for contributors who laundered money earned in less than honourable ways, like drugs or looting of Nigeria’s commonwealth, don’t see that APC has raised its campaign fund legitimately.
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