Tinubu: Adamu’s purported adoption of Lawan as consensus presidential candidate ‘a legal impossibility’

The media is inundated with reports that the Chairman of the All Progressives
Congress (APC) has unilaterally announced the purported adoption of a
certain candidate as the consensus presidential candidate of APC for the forthcoming presidential election in 2023.
While the National Chairman is yet to deny or offer any clarification on the
alleged declaration, it is necessary to state that such a declaration is a legal
impossibility.
This is because the under the regime of the Electoral Act 2022, consensus, though provided for as one of the means by which a political party may produce its candidate, must specifically occur in a precise form.
Section 84(9) (10) and (11) of the Electoral Act 2022 are the relevant provisions and they state as follows:
“(9) A political party that adopts a consensus candidate shall secure the
written consent of all cleared aspirants for the position, indicating their
voluntary withdrawal from the race and their endorsement of the consensus candidate”.
(10) Where a political party is unable to secure a written consent of all
cleared aspirants for the purpose of a consensus candidate, it shall revert
to the choice of direct or indirect primaries for the nomination of
candidates for the aforesaid elective position.
(11) A special convention or nomination congress shall be held to ratify
the choice of consensus candidates at designated centres at the National,
State, Senatorial, Federal and State Constituencies, as the case may be”.
Instructively, none of the above conditions have occurred in respect of producing
the presidential candidate of the APC. Therefore, any declaration of a consensus
candidate would be premature and a violation of extant provisions of the law.
We are confident that as a law-abiding entity, the APC will not be part of such.
We are further persuaded to urge our supporters to disregard this report
considering that the overwhelming majority of the APC Northern Governors
who, after meeting with the President, re-affirmed their preference for a
president from the Southern part of Nigeria.
This patriotic decision is widely
accepted by all Nigerians as a demonstration of deep understanding
of the nuanced fault lines of our nation.
In the circumstance, a unilateral declaration by the National Chairman of a
consensus presidential candidate for the party will not only violate the law, but
set the party on collision course with its Governors who are critical stakeholders
in the party.
Thank you.
BABATUNDE OGALA; SAN.
Director; Legal Directorate
Tinubu Campaign Organisation.