The All Nigeria Peoples Party on Sunday insisted that the presidential election must hold on April 21.
It also said that it would join the suit filed by the Federal Government against the Independent National Electoral Commission over plans to postpone the conduct of the presidential poll.
The party made its decision known in a statement in Abuja by the Chairman of its Presidential Campaign Committee, Mr. Osita Okechukwu.
It said that the 1999 Constitution should take precedence over the 2006 Electoral Act.
The ANPP�s statement followed the controversy being generated by the death of the presidential candidate of the Alliance for Democracy, Chief Adebayo Adefarati, and the interpretation of Section 37(1) of the Electoral Act.
The controversial section reads, �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 or the Resident 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.�
The INEC Federal Commissioner in charge of Information, Mr. Philip Umeadi (Jnr), had last Friday said the election would not be affected by the death of Adefarati.
But INEC Chairman, Prof. Maurice Iwu, 12 hours later, overruled Umeadi, stressing that it was premature for his commission to state an official position on the matter.
Despite the provision of the Act, the ANPP, in its statement, said it would not accept plans to shift the conduct of the presidential election.
The party added that it would be part of a matter filed on Friday by the Federal Government against moves by INEC to shift the date for the presidential election.
It explained that its decision was based on the fact that it was an interested party to the case.
It added that necessary papers would be filed at the Federal High Court, Abuja on Tuesday (tomorrow).
According to it, the party met over different opinions from INEC on the conduct of the presidential election and moves by some political parties to halt the poll.
The party�s statement read, �The ANPP Presidential Campaign Committee, after an exhaustive meeting hereby endorses the position of the Federal Government, that Section 37(1) of the 2006 Electoral Act is inconsistent with sections 132(2), 135(2), 178(2) and 180(2) of the 1999 Constitution.�
It said that the constitution did not contemplate the death of a candidate as a ground to postpone any election and that the scenario envisaged in Section 132(2) was not applicable in this instance.
It added, �Take note that we are joining this suit, in lieu of the conflicting signal emanating from INEC headquarters, where the Director of Public Affairs, Mr. Segun Adeogun, concurs with the constitution, while the ever-ambiguous and ambivalent chairman of INEC, Iwu, is gyrating more or less like a partisan than an umpire.�
Besides asking the court to declare any move to stop the election null and void, the ANPP is also seeking an order of mandamus, compelling INEC to keep to the dates of the elections as stipulated in the Electoral Act and the constitution.
In Federal Government�s originating summons, it raised two issues for the court to determine.
They are:
– Whether Section 37 (1) of the Electoral Act which mandatorilly empowers the Chief National Electoral Commissioner or the Resident Electoral Commissioner to countermand any poll in which a nominated candidate dies before the assigned date of election to some other convenient date is not inconsistent with sections 135 (2) and 180 (20 of the Constitution of the Federal Republic of Nigeria, 1999; and
– Whether death of any nominated candidate for any poll is contemplated by the 1999 Constitution as a ground to shift or postpone any such poll.
If the two questions were answered in the affirmative, government asked the court to make the following three declarations:
– A declaration that section 37 (1) of the Electoral Act 2006 is inconsistent with sections 132 (20, 135 (2), 78 (2) and 180 (2) of the 1999 Constitution and is therefore null and void to the extent of its inconsistency;
– A declaration that it will be unconstitutional for INEC to shift or postpone the date of any poll on the grounds of death of any nominated candidate(s) for such a poll; and
– An order of mandatory injunction compelling INEC to keep to the election timetable for the 2007 elections to be organised by INEC.
Justice Binta Nyako of the Federal High Court, Abuja, had been assigned the case, and will come up for mention on Tuesday.
Meanwhile, the Action Congress has described as a �smokescreen and a macabre dance,� the case filed by the Federal Government at the Federal High Court in Abuja on Friday, seeking to stop INEC from postponing the April 21 presidential election.
In a statement in Abuja on Sunday by its National Publicity Secretary, Alhaji Lai Mohammed, the party also expressed shock at the sudden U-turn of Iwu, that the presidential poll was not certain.
�We have said times without number that this Federal Government wants to elongate its tenure by ensuring that the elections are either stalemated or not held at all. Now, the reality is dawning on Nigerians,� AC said.
The party wondered when the government, known for its lawlessness and disregard for the country�s constitution, suddenly became converted to the extent of now jumping on the bandwagon of the clamour for holding the general election as scheduled.
It also wondered where the Federal Government was when the AC and others had been calling for an amendment to the Electoral Act to expunge the satanic and dangerous Section 37 (1).