PDP Candidates’ Expulsion: Legal Matters Arising

By Festus Ogun, Esq
PDP’s controversial expulsion of Senator Chimaroke Nnamani, Lere Olayinka and other candidates may not affect the validity of their candidacies at the 2023 polls. The mere fact that a candidate is expelled by his nominating party will not automatically rob him of his candidacy.
Section 33 of the Electoral Act, 2022 provides that “a political party shall not be allowed to change or substitute its candidates whose name has been submitted under Section 29 of this Act, except in the case of death or withdrawal of candidate…”.
Flowing from the foregoing, the only instance where a validly nominated candidate whose name has been submitted to INEC by a party can be changed or substituted is when the candidate dies or withdraws from the race in accordance with Section 31 of the Electoral Act, 2022.
Except for the two instances, a candidate’s name cannot be substituted under any circumstances whatsoever. This is applicable even where the candidate validly nominated is expelled or suspended by his party before the general election.
The position of the law as aptly put often times, is that the mention of specific things or persons is a clear intention that those not mentioned are not intended to be included. That is “Expressio unius est exclusio alterius”.
Therefore, the express mention of death and withdrawal in the Electoral Act as the only mode of substituting the name of a validly nominated candidate implies that any other mode not clearly mention is excluded. Thus, the expulsion of the PDP candidates is not and cannot be a ground for their substitution and it does not invalidate their candidacies.
Now, here is where the trouble lies: One of the grounds for challenging the outcome of an election under Section 134 of the Electoral Act, 2022 is where a person whose election is questioned was, AT THE TIME OF THE ELECTION, not qualified to contest the election.
Interestingly, to be qualified to contest an election, one must be a member of a political party that sponsored one. Section 65(2)(b) of the 1999 Constitution provides that a person is only qualified for election into the National Assembly if he is a member of a political party and is sponsored by that party.
From the foregoing, it is established that the expelled PDP candidates are likely not going to be members of the PDP (their sponsoring party) at the time the 2023 polls are conducted. This may affect their qualifications to contest which invariably gives opportunity for political opponents to challenge their election should they eventually emerge.
The best bet for the expelled candidates is to either resolve the dispute with their party or challenge the validity of the expulsion in court if the issue of membership is at all justiciable.
Festus Ogun is a constitutional lawyer and Principal Counsel at Festus Ogun Legal (FOLEGAL), Lagos. 09066324982
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Best Regards,
Festus Ogun, Esq
Principal Partner,
Festus Ogun Legal
(Legal Practitioners & Consultants)
Lagos, Nigeria
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