NIGERIA: Adamawa GUBER POLLS: FINTIRI CLEARED 1/9/14 07:51 The Peoples Democratic Party (PDP) on Sunday beat a dramatic retreat and cleared the acting governor of Adamawa State, Ahmadu Umaru Fintiri, to participate in its primary ahead of the October 11 governorship by-election. This was disclosed by a 13 member appeal panel setup by PDP to review a ruling by the screening committee of the party last Saturday which stopped Fintiri from participating in its September 6 primaries on moral grounds. The Senator Ibrahim Mantu, led screening committee had cited section 191 of the Nigerian constitution as a basis for their ruling, noting that the acting governor was expected to midwife or serve as a referee for the by-elections and not contest for the position. They, however, told him to appeal their decision. Section 191 reads: The Deputy Governor of a State shall hold the office of Governor of the State if the office of Governor becomes vacant by reason of death, resignation, impeachment, permanent incapacity or removal of the governor from office for any other reason in accordance with section 188 or 189 of this constitution. (2) Where any vacancy occurs in the circumstances mentioned in subsection (1) of this section during a period when the office of Deputy Governor of the State is also vacant, the Speaker of the House of Assembly of the State shall hold the office of Governor of the State for a period of not more than three months, during which there shall be an election of a new Governor of the State who shall hold office for the unexpired term of office of the last holder of the office. However following an appeal filed by the acting governor over his exclusion to participate in the election, a 13 member appeal panel, led by Senator James Manager, declared Fintiri fit to contest the election, stressing we have come to the irresistible conclusion that the provisions as quoted by the screening panel does not affect the aspirant in this matter. He continued We, as members of the appeal panel, looked at issues particularly we took a critical look not just at the constitutional provision but the entire gamut of the 1999 constitution as amended. And we have the electoral act and the PDP constitution. I want to add that the law as it is is very different from the law as it ought to be. And that is why we have a parliaments in existence. The law as it is section 191 subsection 2 does not in any way affect the right of the acting governor of Adamawa State to contest the election. Senator Manager, who stated that the ruling was unanimous and had been signed by all the members, added most of us, met the acting governor for the first time so this decision is based on what is before us and not primordial reason.
Posted on: Mon, 01 Sep 2014 06:51:43 +0000
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