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The Independent National Electoral Commission has said that the only way the likes of Ahmad Lawan, Senate President and others who did not contest in the last Primaries could return to senate would be only if the individuals who were legally nominated and won the primaries conducted by their parties withdraw from the race.

Even then, the law requires that the nominated and elected persons will submit letters of withdrawal with affidavit indicating that they have withdrawn voluntarily which will make the political party to organize fresh Primaries within 14 days before replacement.

The implication, according to analysts is that mere submission of names of the preferred candidates by the party without the consent of those nominated and won the Primaries will not be effective until the provisions of the electoral act are adhered to.

Although the INEC’s National Commissioner of Information and Voter Education, Festus Okoye, who appeared on Arise TV on Monday morning, said he has not come across the names of candidates submitted by political parties, viral report has it that the All Progressives Congress, APC, in Yobe North Senatorial District has replaced the name of Bashir Machina with that of Lawan.
It was also alleged that the same thing happened in Akwa Ibom state , where Senator Godswill Akpabio, who did not contest had his name forwarded to INEC

While Lawan lost to Bola Tinubu, former governor of Lagos, Akpabio and some other presidential aspirants stepped down for Tinubu.
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Okoye said that the Commission monitored and has the reports of all the senatorial and House of Representatives primaries, adding that properly nominated candidates must write to INEC with a sworn affidavit, asking for a fresh primary, which would be conducted within 14 days before a replacement can be made.

“I completely agree with you that someone who has not contested party’s primary should not be in a position to be nominated as party’s candidate,” Okoye said.

“But now the Independent National Electoral Commission is not in a position as at now to make a determination in relation to what you’re saying or to make a determination in relation to whose name was submitted by a political party.

“The Commission monitored the primaries of different political parties. Their senatorial and House of Representatives primaries and we have our reports. So if somebody emerged from the party primary and someone else’s name is submitted, it is the duty of that particular individual to utilise Section 285 of the Constitution, Section 84 and 29 of the Electoral Act to seek redress in a constituted court of law.

“Moreover, what the law provides is that at the end of this nomination process, if any of the candidates that have been properly and constitutional nominated withdraws in writing and sworn affidavit that the ‘political party that nominated me must and shall conduct fresh primaries within the period of 14 days and then make such replacement.’

“Then the person must do this through a letter submitted to the political party that nominated him with an affidavit indicating that he or she has voluntarily withdrawn. So that is the state of the law as at today.”