2019: Sale of Nomination Forms By Political Parties Are Unconstitutional – Group

A group, Vanguard for Transparent Leadership and Democracy, (VATLAD), says selling of Nomination and Expression of Interest Forms by political parties to Nigerians seeking elective positions is unconstitutional and a threat to participatory democracy.

The group said that the ruling party,  All Progressive Congress (APC), the Peoples Democratic Party, (PDP), as well as the Peoples Redempton Party (PRP), and other political parties disappointedly are involved in the unconstitutional act.

VATLAD, in a statement on Tuesday obtained by BigPen Online argued that the excuses by the political parties that the sales are meant to discourage “all comers affairs”, to reduce number of Aspirants and to raise funds for the running of their political parties are not justified at all.

The group insisted that the action amount to “insult on the collective intelligence of 200 million patriotic Nigerians”.

The statement which was signed by National President of the group, Comrade (Engr) Odafe Emmanuel Igbini, said that the action of the political parties was tailored to favour some privileged Nigerians who have for decades hijacked governance and politics of the country, to the detriment of patriot Nigerians who are ready to carry out their constitutional duties to serve the country.

Igbini said that as a Delta State Governorship Candidate of PRP in 2007 and 2011, he did not pay a Kobo for Nomination Forms and submission of the completed forms to INEC.

“Until few days ago, Alhaji Balarabe Musa-led PRP and Chief Gani Fawehinmi SAN-led National Conscience Party (NCP) gave Nominations Forms to qualified Nigeria for free. I was the Delta State Governorship Candidate of PRP in 2007 and 2011; I did not pay a Kobo for Nomination Forms and submission of my completed forms to INEC.

“The sales of these Forms even for as low as one Kobo is by relevant sections of the 1999 Nigerian Constitution, (as amended), prohibited and void. It amounts to deliberate attempt by select few privileged Nigerians who have for decades hijacked governance and politics of Nigeria, to exclude patriot Nigerians to carry out their constitutional duties to serve Nigeria and contribute to her Development, Peace, Security and Progress”

He said that Nigerians have the Constitutional right to challenge these unconstitutional acts in Courts of Competent Jurisdictions across the country.

“For the avoidance of doubt, we state the following relevant sections of 1999 Nigerian Constitution, as amended:

(1) Section 1 states that Nigeria Constitution is Supreme and if any law (or policy) in Nigeria that is inconsistent with the provisions of this Constitution is made, this Constitution shall prevail, and that other law or policy shall to the extent of the inconsistency be void.

(2) Section 24 states that it is the duty of every Nigerian Citizen to make positive and useful contribution to the advancement, progress and well-being of the community where he or she resides in Nigeria, this includes duty to vote for and to seek elective positions.

(3) Section 40 states that every person (citizen) shall be entitled to assemble freely and associate with other persons and in particular may form or belong to any political party for the protection of his/her Interest.

(4) Section 42 guarantees the Right to Freedom from Discrimination of Nigerian citizens, in this case discrimination against seeking elective positions reason only that these Nigerians are incorruptible and do not loot Public Treasuries to pay for Nominations Forms and run “deep pockets” electioneering campaigns.

It is also a fact that the 1999 Nigerian Constitution, as amended, unambiguously stipulates the qualifications for persons seeking elective positions in Nigeria’s General Elections. The relevant sections are:

(1) Section 65 states qualifications for Elections to National Assembly are:

(a) he/she is a citizen of Nigeria and has attained a minimum of 30years.

(b) he/she has been educated to at least school certificate level or its equivalent

(c) he/she is a member of a political party and is sponsored by the party.

Section 106 states qualification for Election to House of Assembly as:

(a) he/she must be a citizen of Nigeria and has attained the age of 30 years

(b) he/she has been educated to at least school certificate level or its equivalent.

(c) he/she is a member of a political party and is sponsored by the political party.

Section 131 states the qualification for election as President of Nigeria as:

(a) a person shall be citizen of Nigeria by birth

(b) he/she has attained the age of 35 years

(c) he/she is a member of a political party and is sponsored by that political party

(d) he/she has been educated up to at least Scho

Section 177 states qualification for election as Governor:

(a) he/she is a citizen of Nigeria by birth

(b) he/she has attained the age of 30 years

(c) he/she is a member of a political party and is sponsored by that political party

(d) he/she has been educated up to school certificate level or its equivalent.

In the forementioned relevant sections of the constitution, there is no where money is mentioned.

Finally, if the political parties desire to reduce the number of Aspirants it should be based only on proven records of Integrity, Incorruptibility, non-looting of public funds and protection of national interest of the Aspirants”.