On June 7, 2024, the New Nigeria People’s Party (NNPP) announced Olugbenga Edema as its gubernatorial candidate in Ondo State. Prior to the announcement, he ran for the All Progressive Congress (APC) ticket but lost to Lucky Aiyedatiwa, the state’s incumbent governor. 

This development comes after the Independent National Electoral Commission’s (INEC)  May 20, 2024, deadline for candidate submissions passed, with all 16 parties in the state having already submitted their candidate names and INEC publishing the names of nominees for each. 

This situation calls into question whether parties can introduce new nominees after the deadline. 

Contextual Issues

Governorship elections have been scheduled in Edo and Ondo states for September 21 and November 16, 2024, respectively. As the electoral umpire, INEC provided a detailed schedule for these elections, which all parties involved must strictly follow. 

Political parties in Edo were required to hold primaries and submit the names of their nominees by March 24, 2024, while parties in Ondo had until May 20, 2024, to submit names.  

With an emphasis on Ondo, the aspirants who lost the APC primaries rejected Lucky Aiyedatiwa as the declared winner and party nominee. Some aspirants, such as Jimoh Ibrahim, went to court (and were eventually persuaded by the party to withdraw the case), while others, such as Olugbenga Edema, chose to withdraw from the party and seek platforms for their ambition elsewhere.  

Prior to Edema’s cross-carpeting, the NNPP’s gubernatorial nominee seat was not vacant. In a keenly contested primary election between Oluwatosin Ayeni and Ibrahim Ajagunna, a professor of sustainable development and former APC member, Ayeni emerged victorious in April, and his name was subsequently submitted to INEC as the party’s nominee. However, two weeks after INEC’s May 20 deadline, Ayeni issued a statement announcing his withdrawal from the governorship race. He stated that he made the decision in the party’s best interests. A new primary was held, and Olugbenga Edema, the disgruntled former APC aspirant, was chosen as the NNPP’s new candidate.  

Is this move constitutional, and does the law allow for such a swift move?  

What does the law say about withdrawal of candidature? Can a party hold a fresh primary election to replace a withdrawn candidate? Is the deadline set by INEC a ruse? 

What the law says. 

Section 29 of the Electoral Act requires political parties to submit the names of their nominated candidates no later than 180 days before the election; this provision serves as the guiding principle for the dates set by the commission in election states. In essence, a political party can only nominate candidates six months before the election. 

Section 31 of the Act, which provides for self-withdrawal, states that a nominee (who has already won his party’s primary) may notify the party that nominated him of his withdrawal, and that such withdrawal must be communicated to INEC at least 90 days before the election. 

Section 33 also states that a political party may only substitute one nominee for another if an initial nominee dies or withdraws, and that once this vacancy exists, the party must hold a new primary. However, voluntary withdrawal must take place at least 90 days before the election. 

What if the withdrawal happens less than 90 days to the election? 

As previously stated, INEC adheres to a strict schedule in order to ensure compliance with the timeline specified by the Electoral Act. The commission will not recognise such a withdrawal if it is less than 90 days before the election. 

When Obi Ezekwesili withdrew her candidature for president in 2019, less than a month before the elections, INEC stated that she could not withdraw and a replacement could not be announced. 

Conclusion

A closer look at the INEC portal and schedule reveals that, in addition to the initial May 20th deadline, the Commission allowed for nomination withdrawal and substitution, with the 10th of June designated as the deadline for that specific activity. The final list of candidates was scheduled for publication on June 18.