Human rights lawyer and principal of Festus Ogun Legal, Festus Ogun, has stated that the death of the Peoples Democratic Party (PDP) governorship candidate in Abia State, Prof. Eleazar Uche Ikonne, has automatically ended the candidacy of his running mate for the deputy governorship position. On Wednesday evening, Ogun expressed his condolences to Ikonne’s family and elaborated on the legal ramifications of the late candidate’s passing.
Ogun explained that Ikonne’s death necessitates the PDP to notify the Independent National Electoral Commission (INEC) and conduct a fresh governorship primary within 14 days, in accordance with the party’s Constitution and the Electoral Act. This process will lead to the emergence of a new governorship candidate for the party. He emphasized that the nomination of the PDP deputy governorship candidate ceased with Ikonne’s death, clarifying that it is not legally mandated for the deputy governorship candidate to be automatically nominated as the new governorship candidate.
Further elaborating on the legal framework, Ogun referenced Section 187 of the 1999 Constitution, which stipulates that a governorship candidate can only be considered validly nominated if they have nominated a deputy. Additionally, a deputy governorship candidate can only be deemed elected if the governor who nominated them wins the election. Therefore, for a valid nomination to occur, the PDP must hold a fresh primary to select a new governorship candidate, who will then nominate their own deputy, which could be Prof. Ikonne’s former deputy or another individual.
Ogun also pointed out that, according to Section 34 of the Electoral Act, 2022, INEC is obligated to reschedule the date for the governorship elections in Abia State within 14 days, given these recent developments. He concluded with a hopeful sentiment, wishing that “the wishes of good people prevail in Abia.”
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