Determination of Primary Mode of Elections in APC

According to Premium Times, APC spokesperson, Lanre Issa-Onilu, confirmed that Direct Primaries will be used as the party’s National Working Committee (NWC) has adopted direct primary for the Edo State governorship election. The Party’s State chapter however rejected it. The State chapter claimed that the power to decide the method to be adopted for the primary election resides with the Party’s National Executive Committee (NEC) and not the NWC. So, what does the Party’s constitution say?

Article 13.4 (XIV) stated:
“The National Working Committee (NWC) shall carry out the day to day running of the affairs of the Party. It shall in particular: Organize Primary Election for the nomination of its Presidential Candidates, Governorship Candidates and Candidates for ejection into the National and State Assemblies”. This no doubt gives the NWC the powers to organize primary elections for the nomination of gubernatorial candidates. But what of the method (i.e. direct or indirect primary) for organizing the election? I think the NWC should have the power to determine the mode IF there is no other provision in this constitution on this. However, Article 20 was dedicated to elections and appointments.

Article 20 IV (A) it explained: “Without prejudice to Article 20(u) and (iii) of this Constitution, the National Working Committee shall subject to the approval of the National Executive Committee (NEC) make Rules and Regulations for the nomination of Candidates through primary elections…” This shows that the powers to determine the mode / type of election to be used for the nomination of candidates rests with NEC and not NWC, or at least MUST be approved by NEC. There is no doubt that if you can approve, you can reject or reject in parts or approve in parts. Simply put, NEC can approve or amend the rules and regulations for the nomination of candidates through primary elections. So the truth is that Edo APC was correct to say that the National Executive Committee have the final say on the matter and not the National Working Committee.

The NWC according to Article 12.4 of the APC constitution, consists of 21 members namely: National Chairman, Deputy National Chairman (North), Deputy National Chairman (South), National Secretary, Deputy National Secretary, Six (6) National Vice Chairmen, one from each geo-political zones of the Country (to be also known as Zonal Chairmen), National Legal Adviser, National Treasurer, National Financial Secretary, National Organizing Secretary, National Welfare Secretary, National Publicity Secretary, National Auditor, National Women Leader, National Youth Leader and Special (Physically Challenged) Leader.

The National Executive Committee (NEC) consists of all members of NWC and up to another 115 members depending on the number of seats APC have in NASS and the number of Governors it has. Currently, NEC has over 120 members. Some of the members are: The President, Vice President, President of the Senate, Deputy President of the Senate, Speaker of House of Representatives, Deputy Speaker of the House of Representatives, APC Governors, etc. These are actually those that have the final say on the mode of election to be used in nominating a Governor in a primary election and not the NWC.

INDIRECT PRIMARY
Article 20 iv(A) The Party’s constitution explained that indirect primary means use of delegates to nominate a candidate through primary election. The mode i.e. the number of delegates shall be determined by National Executive Committee (NEC) from time to time.

DIRECT ELECTION
The Party’s constitution did not define or explain the meaning of direct election, however Article 20 ii(a) stated that direct primary will be used in nomination of councillorship election. The explanation of how this should be done can be adopted as the meaning of direct election. The provision stated: “Nomination of Candidates for Councillorship shall be by direct primary election conducted at the Ward level. For the purpose of this primary election, Party members in every Ward shall vote by open-secret ballot for the candidates of their choice where there is no consensus, provided that where a candidate has emerged by consensus for an elective position, a vote of “yes” or “no” should be called to ensure that it was not an imposition which could breed discontent and crisis.”. To this end, one would conclude that direct primary means allowing all party members to vote in a primary election.

However, not every party member can vote or be voted for according to Article 9.3 (i). It stated: “Only fully registered and financially up-to- date members of the Party shall have the right to vote and be voted for into any of the elective positions, subject to the provisions made for such elections pursuant to this Constitution or other Laws or Regulations. Consequently, non-financial members shall not enjoy the above rights.” This can however be upturned by the NEC. In other words, the power to vote and be voted for, the mode of election to be used to nominate Party’s flag bearers in a primary election, resides with NEC. For now, I think it is only proper to wait for NEC to get its position on the matter.

– Chukwuemeka Ojielo