Ekiti guber: Legal move to disqualify Oni is defective; candidature in compliance with provision of Electoral Act-THE CONCLAVE findings, verdict

THE CONCLAVE reports that the purported suit seeking Oni’s disqualification is one of the spurious and despicable propaganda stunts to cause distractions, confusion and discouragement among the electorate, especially supporters of the subject of the suit, in this case Segun Oni, who is the leading candidate going into the June 18 guber poll.

The publication of the report on Thursday and syndicated in a number of online platform, hours to the Election Day reinforced THE CONCLAVE findings and verdict.

THE CONCLAVE further reports that Segun Oni did not act in breach of the old Electoral Act 2010 (as amended) that was the extant law as of the time he emerged as candidate of the SDP by means of withdrawal of the original candidate and his (the candidate’s) substitution with Oni.

Furthermore, THE CONCLAVE reports its verdict that the SDP (that is recognised by Independent National Electoral Commission, INEC) complied with the provisions of the extant Electoral Act on February 24, 2022 when it submitted Oni’s nomination to the Commission and receipt was duly acknowledged by the Commission.

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Whereas President Muhammadu Buhari signed the amended Electoral Act 2010 into law on February 25, 2022, the provisions of the Act that the faction of the SDP is relying on cannot kick in or operate to catch up with Segun Oni retroactively and retrospectively.

Read Section 33 of the Electoral Act 2010 ( as amended) that was operating when Segun Oni emerged as SDP guber candidate: “A political party shall not be allowed to change or substitute its candidate whose name has been submitted pursuant to section 31 of this Act, except in the case of death or withdrawal by the candidate.”

Oni was accepted by the Commission as a duly-subsituted guber candidate in compliance with the provision cited supra.

(See INEC’s acknowledgement of receipt of Segun Oni’s candidature below this story)

Then read Section 33 of the Electoral Act 2022, which the SDP faction is placing reliance on: “A political party shall not be allowed to change or substitute its candidate whose name has been submitted under section 29 of this Act, except in the case of death or withdrawal by the candidate:

“Provided that in the case of such withdrawal or death of a candidate, the political party affected shall, within 14 days of the occurrence of the event, hold a fresh primary election to produce and submit a fresh candidate to the Commission for the election concerned.”

The above provision came into force after the INEC had received Oni’s nomination using the provision of the Electoral Act 2010 (as amended) which was operative at that intersection.

THE CONCLAVE also reports that on the issue of identity of leadership of SDP, the INEC had already recognised the leadership of Alhaji Shehu Gabam and Dr Olu Agunloye (national chair and national secretary respectively) on whose SDP platform Oni’s name was submitted to INEC as the party’s guber candidate.

The above fact checking and subsequent verdict BY THE CONCLAVE was prompted by the report below.

● Origin of the contending issue

In a report by Legit online publication, citing TheCable as source of report, and published on Thursday, June 16, 2022, with the headline: “Court to disqualify prominent governorship candidate 24 hours to Ekiti election? Party makes crucial request”, the Social Democratic Party, SDP (a faction) reportedly asked the court to nullify the candidature of Chief Segun Oni as the party’s governorship candidate in Ekiti State.

The report quoted the party (a faction) to have claimed that Oni did not participate in any valid primary election held in the state recently.

Read the report in part: “On January 26, Oni lost the PDP governorship primary in Ekiti to Bisi Kolawole, the preferred candidate of Ayodele Fayose, a former governor of the state

“The Social Democratic Party (SDP) has asked a federal high court in Ado Ekiti to nullify the emergence of Segun Oni as the party’s governorship candidate, The Cable reports.

“The suit marked FHC/C/31/2022 and filed on Wednesday, has the SDP as the first plaintiff, while Ishola Agboola, Tunde Alabi and Kehinde Rufus are the second, third and fourth plaintiffs, respectively.

“According to the plaintiffs, Oni did not participate in any valid primary.

“● SDP claims

“They averred that Oni was nominated by Shehu Gabam and Olu Agunloye, who they claim were not legally and constitutionally recognised as the national chairman and the national secretary of the party, respectively.

“The SDP is seeking an order of the court restraining the Independent National Electoral Commission (INEC) from recognising Oni as the candidate of the party in the governorship election slated for Saturday.

“SDP says the ‘primary election’ was not held formally.

“The party is also seeking a declaration that the primary of the party organised under the supervision of Gabam and Agunloye, which “never held formally”, is wrongful, illegal, null and void and couldn’t have produced a validly-nominated governorship candidate for the Ekiti poll.

“Furthermore, they are seeking an order of injunction restraining Gabam and Agunloye from further parading themselves and/or holding themselves out as national chairman and national secretary or as officers of SDP.”