Late Professor Uchenna Ikonne
By Our Reporter
The Abia State, Peoples Democratic Party (PDP) is set to hold a fresh primary election to produce a new candidate on account of demise of the party former candidate, Professor Uchenna Ikonnewho died as a result of cardiac arrest at National Hospital
barely six weeks to the governorship election scheduled to hold on March 11, 2023. The ruling party in Abia is expected to produce another candidate within 14 days.
Consequently, the Independent National Electoral Commission (INEC) is mandated by law to make some changes to accommodate the new development, especially for another primary election to take place, according to the Electoral Act, 2022.
Section 34 (1) of the Electoral Act, 2022 stipulates that if a nominated candidate dies before the commencement of an election, the election will be rescheduled within 14 days, by the chief national electoral commissioner of INEC.
Section 34 (1) of the Act states inter alia: “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 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.”
The law alsobstates that the list of voters to be used at a postponed election shall be the official voter register that was to be used if the election had not been postponed.
Section 3 of the Act further says that after the commencement of polls and before the announcement of the final result and declaration of a winner, a candidate dies, “(a) the Commission shall, being satisfied of the fact of the death, suspend the election for a period not more than 21 days.
“(b) 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.”
It further says “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.”
