BEVERLY HILLS, April 11, (THEWILL) – Against the backdrop of the lingering litigation over the right candidate that won the Imo North Senatorial election, human rights lawyer, Mr. Femi Falana, (SAN) has called for an amendment to the Constitutional provision that makes the party rather than the candidate the winner of an election.
In a chat with THEWILL, Falana said, “It is a stupid provision that says it is the political party that wins election. It does not make sense. You can see how the Imo senatorial poll is playing out. The law says it is a political party that wins elections. The party has won but it is now left for the courts to determine which candidate has won. How can you determine a candidate after an election has been held.? Now the battle is going up to the Supreme Court.”
According to Section 223 and 224 of the 1999 Constitution, political parties nominate candidates for elections and therefore is become the winner of any poll conducted by the Independent National Electoral Commission, INEC.
On the strength of that provision, the electoral Commission declared the All Progressives Congress, APC, winner of the Imo North Senatorial by-election it conducted on December 5, 2020.
But two candidates of the party, Senator Ifeanyi Ararume and Mr Frank Ibezim, have been laying claim to the ticket in the courts following their disqualification on the eve of the poll.
Falana said the ongoing Electoral and Constitutional reforms should empower the INEC, to determine the winner in any election it conducted freely and fairly.
“ I have repeatedly made the point that INEC is the one that says we have conducted an election. So it must prove it, “ he said.
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