Can Governorship Aspirants Engage In Campaigns Now For The Coming Primary Elections In Various State? -By Shariff M.M Al-hassan

This dicey question was referred to me to comment as to whether Governorship  Aspirants can start campaigning. This is in the light of coming Governorship primaries across Nigeria.

In order to effectively handle this matter,there is the need to once more consider the provisions of sections 87 (1 ) and 99 (1 ) of the Electoral Act 2010 ( As Amended).

Briefly, section 87 (1 ) of the Electoral Act 2010, clearly states that ”  A political party seeking to nominate candidates for election under this Act shall  hold primaries for Aspirants to all by elective positions “. This provision refers to election at primary stage which invariably requires these candidates to undertake campaign for at least to convince the electorates at this level to get the right person.

While section 99 (1 ) of the same Electoral Act 2010 also states that ”  For the purpose of this Act the period of campaigning in public by every political party shall commence 90 days before polling day and end 24 hours prior to that day “. This section only restricts the extent by which political party Aspirants or Candidates can go in campaigning before the polling day.

The problem that need to be settled is, does these two sections of the Electoral Act 2010 preclude the Governorship Aspirants campaigning for primary election which usually come before the general elections?.

Well going by these two sections of Electoral Act 2010. Section 87 (1) only states the procedure by which more than one Aspirants or Candidates can be elected before facing the general election.

While section 99 (1) states only the period of campaign in the public by every political party’s Aspirants or Candidates.

Therefore, one can reasonably hold that section 99 (1) of the Electoral Act 2010 specifically refers to the general election and not primary election. In which case section 87(1) of the same Act, has nothing to do with the campaigning but only set stage for procedure for primary election of the Aspirants.

The big lacuna which need to be cleared is,can Governorship Aspirants or Candidates display their portraits undertake any form of campaign in the light of these two sections?. It is generally believed that no election can be carried out without campaigning by the Aspirants. 

It would amount to injustice and against the tenets of democracy if it should not be allowed. As such Governorship Aspirants equally need period to campaign before the primary elections. This is not found or stated in any part of Electoral Act 2010 ( As Amended).

Therefore in the interim and since there is no clear law in the Electoral Act 2010, one can safely hold that Aspirants have the right to go into campaigning because of the coming primary elections as there is no law for now.

However, may I respectively draw the attention of the INEC and the National Assembly Committee on Electoral Reform to intervene on this lacuna and advice appropriately to all the parties quickly as Governorship primaries are at the corner.