EDO APC:
Need For Guber Primary Election DISAGREEMENT To Be Resolved Amicably.
By: Stanley Imhanruor Esq
I have clinically reviewed the events that played out in the Edo State APC Primary Election of 17th February, 2024 and the rescheduled Primary Election of 22nd February, 2024.
You will recall that after the declaration of results from eight (8) Local Government Areas in Edo State, the process was disrupted and the primary election was factionalized leading to the emergence of three candidates - Dennis Idshosa (Denco ), Sen. Monday Okpebholo (Akpokomiza ) and Anamero Dekeri as the winners of the factional primary elections.
Consequently, the Independent Electoral Commission refused to recognize any of the factional candidates as the winner of the primary election and declared that the Edo State APC Primary Election was not conducted in line with the requisite guidelines.
Thus, a supplementary primary election was conducted on 22nd February, 2024.
Surprisingly, what ought to be a supplementary primary election designed to conclude the primary election of 17th February, 2024 turned out to be a fresh primary election entirely as fresh primary elections were conducted across all the 192 wards and 18 Local Government Areas in Edo State (which included the 8 Local Government Areas where the primary elections of 17th February, 2024 were held and concluded at the designated and communicated venue - Lushville Hotel and Suites, Benin- City, Edo State.
LEGAL LANDMINES:
Assuming there is a legal challenge against the primary election of 22nd February, 2024, the following may be the prayers:
1)
That the primary election of 22nd February, 2024 not being a supplement election as duly announced by the NWC of the APC vide letter dated 20th February, 2024 was conducted contrary to law and ought to be nullified.
2)
That the election of 17th February , 2024 be validated and DENCO be declared the winner in view of the declaration and return made on 17th February, 2024 by the Chairman of the primary election committee for Edo State.
LEGAL DILLEMA:
If the Court finds that the letter dated 20th February, 2024 is the last official document and / or communication from the supreme organ of the APC (NWC) and that the rescheduled election of 22nd February, 2024 ought to have been conducted in complete compliance with the said letter, that is, conducting a supplementary primary and not a fresh primary election as was eventually done on 22nd February, 2024, then the only conclusion the Court may likely reach is to nullify the fresh primary election of 22nd February, 2024.
The question is whether the Court can validate the botched primary election of 17th February, 2024 and declare DENCO the winner since he was the candidate so declared and returned by Governor Hope Uzodinma (former Chairman of the Primary Election Committee).
It is submitted and vehemently so that the Court would not validate the election of 17th February, 2024 and declare DENCO as the APC candidate because INEC that has the statutory power to monitor party primary elections has already declared that they return, and declaration made by Governor Hope Ozodinma in his private Hotel in Benin - City were not in compliance with the law, as such, the declaration of Denco as the winner of the primary election is / was flawed and cannot be countenanced by INEC.
END GAME / CONCLUSION:
In all, may we not end up with the Zamfara scenario on our hands.
Therefore, rather than embarking on political grandstanding and chest beating that a political "emperor" in the person of Comrade Adams Oshiomole and his political Godson and preferred aspirant- DENCO have been humbled and vanquished politically, the APC stakeholders at the National and State levels must do everything within their powers to ensure that the outcome of the primary election is settled politically and amicably.
The APC must be humble enough to listen to sound legal advice on the subject matter and not be bamboozled by the legal sloganeering that outcomes of political party primaries are political questions over which the Courts have no jurisdiction.
For the record, there is a DEVIL in the Doctrine of Political Question and that DEVIL lies in the exception thereof.
What is the exception? The exception is that every political party MUST play by the rules set by them in the conduct of their primary elections.
For clarity, the content of the letter of 20th February, 2024, by the APC's NWC through the National Publicity Secretary of the APC is reproduced hereunder ipsissima verba:
"FCT, ABUJA
FEBRUARY 20, 2024
PRESS STATEMENT
*EDO STATE APC GOVERNORSHIP PRIMARY ELECTION NOT COMPLETED*
At its emergency meeting held today, Tuesday, February 20, 2024, to consider the report on the Edo State Governorship Primary Election, the National Working Committee (NWC) deliberated on the report and resolved that the Edo State Governorship Primary Election has not been completed, and has now fixed Thursday February 22, 2024 for the completion of the Primary Election Process.
Signed:
*Felix Morka, Esq.*
National Publicity Secretary
All Progressives Congress (APC)"
Without much ado, the literal interpretation of the letter under reference means that a supplementary primary election would be conducted on 22nd February, 2024 to complete the primary election that started on 17th February, 2024.
Was the rescheduled primary election of 22nd February, 2024, a supplementary primary election?
The answer is NO.
If anything, it was a fresh and an entirely fresh and new primary election that was conducted on 22nd February, 2024.
Did the NWC of the APC breach it's resolution as contained in the letter of 20th February, 2024 by conducting a fresh primary election instead of a supplementary primary election?
The answer is YES.
A stitch in time, they say saves nine
Stanley Imhanruor Esq
07062037955
stanley@primeviewlegal.com
1/3/2024