Based on Section 84. Subsection (3) of the Electoral Act says, Qualifications of Aspirants and candidates.
A political party shall not impose nomination qualification or disqualification criteria,measures,or conditions on any aspirant or candidate for any election in it’s constitution, guidelines, or rules for nomination of candidates for elections, except as prescribed under sections 65, 66, 106, 107, 131, 137, 177 and 187 of the constitution of the Federal Republic Of Nigeria, 1999( as amended).
And this is the section that explains on the Governorship, section 177 of the 1999 Constitution said;
Qualification For Election As Governor.
A person shall be qualified for election to the office of Governor of a state if:
A. He is a citizen of Nigeria by birth;
B. He has attained the age of thirty-five years;
C. He is a member of a political party and is sponsored by that political party; and
D. He has been educated up to at least school certificate level or it’s equivalent.
Based on Section 102 Of Nigerian Electoral Act 2022,
Disqualification Of An Aspirant/Candidate.
(1) A person shall not be qualified to contest an Area Council election under this Act if he or she –
(a) Subject to the provisions of section 28 of the Constitution, has voluntarily acquired the citizenship of a country other than Nigeria or, except in such cases as may be prescribed by the National Assembly, has made a declaration of allegiance to such a country;
(b) Is adjudged to be a lunatic or otherwise declared to be of unsound mind under any law in force in any part of Nigeria;
(c) Is under a sentence of death imposed on him or her by any competent court of law or tribunal in Nigeria;
(d) Within a period of less than 10 years before the date of an election to the Area Council, has been convicted and sentenced for an offence involving dishonesty or has been found guilty of contravention of tire Code of Conduct;
(e) Is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in any part of Nigeria;
(f) Is a person employed in the public service of the Federation or of any State or Area Council, other than a person holding elective office, and has not resigned, withdrawn or retired from such employment 30 days before the date of election;
(g) Is a member of any secret society;
(h) Has within the preceding period of 10 years presented a forged certificate to the Commission;
(i) Has been dismissed from the public service of the Federation, State, Local Government or Area Council; or
(j) Has been elected to such office at any two previous elections in the case of Chairman.
My thoughts and view here is PDP screening committee disqualified Amb. Jameel Waziri on grounds of not being a member of the PDP, accusing him of not paying his dues to the party, He was later cleared by Appeal Committee when Yola South PDP Chapter testified that Amb. Jameel Waziri has been paying his dues which implies that he’s indeed a legit and bonafide member with equal rights and is fit to contest for any electoral position in the party, later on PDP recieved a letter from NWC saying Amb. Jameel Waziri should be restrained from the exercise, reaffirming Amb. Jameel’s disqualification.
I am so intrigued and wants to know, if the Appeal Committee doesn’t have the potential or right to determine the facts proven by Jameel or the committee which directs the letter dont know of its responsibilities?
Firstly, on my little knowledge, i knew apart from a competent court of law, no any entity has the rights to disqualify anyone from contesting an election. Secondly, the Appeal panel cleared Amb. Jameel Waziri Which is the Apex screening committee.
At this moment, Justice Kekere okun who led the 5members panel of the Apex Court would determine the validity of the primaries whether its valid or invalid.
And lastly, to say the Least, I will love to hear from the PDP family, law experts, technocrats and intellects on what’s going to be most possible outcome based on the electoral act & Nigerian constitution???
AbdulAziz Dahiru Madawaki writes from Yola, Adamawa state
