A Niger Delta-based lawyer, Somina Johnbull, has faulted the decision of the Independent National Electoral Commission (INEC) to reject a letter by the Caretaker Extraordinary Convention Planning Committee (CECPC) of the All Progressives Congress (APC) inviting it to the party’s National Executive Committee (NEC) meeting.
Johnbull, in a statement on Friday, said it was wrong for INEC to reject the letter on the grounds that it was not signed by the party’s National Chairman and Secretary.
He said: “With the greatest respect, INEC’s response is incorrect and was made without regard to the current state of the law.
“Section 82(1) of the Electoral Act requires political parties to notify INEC when it intends to hold any congress, convention, conference or meeting for the purpose of ‘merger’, electing members of the executive committees, other governing bodies of the political party and nomination of candidates.
“INEC is not to be notified of the meeting of a political party where the business is not for merger or election of members of the executive committee or nomination of party.
“INEC does not require to be notified of a meeting by a political party to discuss preparations for convention or congress as long as that meeting is not held to elect members of its executive committee”.
Johnbull insisted that INEC’s reference to its guidelines could not override the magisterial provisions of a statute citing Jegede v INEC.
He said: “For whatsoever it is worth, what is the effect of the failure to even notify INEC or for INEC to be present?
“Section 82(5) of the Electoral Act provides that failure by a political party to notify INEC of its convention, congress or meeting cannot nullify the validity of such meeting, convention or congress.
We envisage because of the nascency of the Electoral Act, this is a learning process for all”. Continue Reading
