Mr Ukpai Ukairo, Legal Adviser of South East chapter of Peoples Democratic Party (PDP) said on Monday that the election of 3-man ad hoc wards delegates did not violate the Electoral Act 2022 as amended.
Ukairo said in a statement in Abuja that the election was in line with guidelines as issued by Independent National Electoral Commission (INEC).
He faulted the position of Abia governorship aspirants that claimed the 3-man wards delegates election of the party in the state is void because it contradicted the provisions of the Electoral Act.
The News Agency of Nigeria (NAN) reports that Abia PDP governorship aspirants at a joint news conference on May 18 said the 3-man ad hoc ward delegates infringed on the Electoral Act 2022.
“The opinion of the respected body of governorship aspirants is, with respect, highly flawed, unsupportable in law and should be ignored,” he said.
The legal practitioner said that in public law, a body set up by law cannot, on its own, expand powers vested on it beyond that stipulated in the statute
“This is founded upon the principles of law that no statutory body can expand its powers by subsidiary legislation beyond the limit set by the principal legislation establishing the body,” he said.
The legal adviser said that the position of law is, also, captured in Section 148 of the Electoral Act.
“Electoral Act of 2022 states thus, the Commission may, subject to the provisions of this Act, issue regulations, guidelines, or manuals for the purpose of giving effect to the provisions of this Act and for its administration.”
“The clear meaning of the above is that every regulation, guideline or manuals issued by INEC is subject to the provision of the Electoral Act,” he said.
Ukairo said that this position of the law is a demonstration of the reason Nigerian Courts, under the 2010 Electoral Act, rejected the temptation to accept results from Smart Cards of INEC.
He, however, said that the provision relied upon by the Abia PDP body of governorship aspirants was standing on doubtful legal ground.
Ukairo said that in line with the law, the state chairman served INEC all information on the ward congresses and election of 3-man Adhoc wards delegates.
“By Section 83(3) of the Electoral Act, 2022 the state chairman of a political party can, lawfully, be the source of information on activities of political parties.
“Accordingly, a letter by a state chairman of a political party on an affair of a state chapter of a political party is reliable for all purposes.
“I can convincingly assert that notices of all Ward Congresses for the election of the 3-Man Ad-hoc delegates served on INEC were served by the State Chairman of PDP,” he said.
Ukairo described as inappropriate the position taken by the body of aspirants, urging them to seek redress within the framework of the constitution of the party. (NAN)
