The gubernatorial candidate for the Peoples Democratic Party (PDP) in Abia state, Prof. Uchenna Eleazar Ikonne, died on Wednesday after a brief illness.
With only a few weeks to the March 11 gubernatorial elections, the party is expected to replace the late candidate, and here is what the law says about replacing him.
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According to Section 34 (1) and (3) of the Electoral Act of 2022, the elections will be rescheduled within 14 days by the National electoral commissioner of the Independent National Electoral Commission (INEC).
Section 34(1) of the Act provides that, “If after the time for the delivery of nomination paper and before the commencement of the poll, a nominated candidate dies, the Chief National Electoral Commissioner shall, being satisfied of the fact of the death, countermand and the poll in which the deceased candidate was to participate and the Commission shall appoint some other convenient date for the election within 14 days.”
Therefore, the party is expected to present a new candidate in 14 days to replace the dead one.
Another situation in which this can also be used is if the candidate willingly withdrawals from the gubernatorial race.
Section 33 of the same Act provides that: “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.”
Section 34(2) of the Act, discusses how the voters’ list is to be used in such a situation, providing that: “The list of voters to be used at a postponed election shall be the official voters register which was to be used if the election had not been postponed.”
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Also, the Act provides that: “If after the commencement of polls and before the announcement of the final result and declaration of a winner, a candidate dies–
“The Commission shall, being satisfied of the fact of the death, suspend the election for a period of not more than 21 days ; and in the case of election into a legislative House, the election shall start afresh and the political party whose candidate died may, if it intends to continue to participate in the election, conduct a fresh primary within 14 days of the death of its candidate and submit the name of a new candidate to the Commission to replace the dead candidate :
“Provided that in the case of presidential or gubernatorial or Federal Capital Territory Area Council election, the running mate shall continue with the election and nominate a new running mate.”