INEC’s list of presidential candidates Atiku’s name omitted...Campaign organisation reacts
From KABIRU YUSUF,Abuja

THE Independent National Electoral Commission (INEC) may have put paid its earlier stand to disqualify Vice President Atiku Abubakar from contesting as presidential candidate of the AC when his name was conspicuously omitted from the list of presidential candidates it announced yesterday.
This is contrary to an Abuja High Court ruling that only a competent court of law could disqualify a candidate in accordance with the constitution.
The commission released the list 24 names of the presidential candidates of various political parties submitted in which the name of the Turakin Adamawa and vice president was omitted, saying that its action is in line with the nation’s constitution.
Addressing journalists in his Conference Hall, the Chairman of the INEC, Prof. Maurice Iwu explained that ‘’every step we have taken at the Commission and every policy we have initiated or pursued, whether it pertains to the 2007 elections or not, has paid heed not only to the provisions of the constitution, but also to the yearnings of Nigerians to have elections that will reflect their true will”.
According to him: “In all our actions and policies, we have remained principled and consistent.We are, and must remain undeterred,’’ adding that the judgement of the Federal High Court in the case is a clear vindication of the commission’s long held and widely publicized view.
Prof. Iwu explained that the list of those not be included in the released list are those candidates who have not met the constitutional requirements, specifically Sections 65 and 66 for members of the National Assembly and Sections 131 and 137 for the office of the president.
He stated that in setting out the journey towards the 2007 elections, the Commission is determined to stem that tide of indiscipline and contempt for the laws of the land, adding the commission has committed itself to ensuring that all relevant rules are fully complied with.
The list released by the INEC include the names of General Muhammadu Buhari of the All Nigeria Peoples Party (ANPP), Umar Musa Yar’adua, of the Peoples Democratic Party, Attahiru Bafarawa of DPP, Arthur Nwankwo of PMP, Chief Sunny Joseph Okogwu of RP and Orji Uzor Kalu of PPA.
Others are Alhaji Habu Fari of NDP, Dr. Akpone Solomon NMDP, Prof. Isa Odidi of ND, Chief Ambrose Owuru of HDP, Rev. Christ Okotie Fresh, Dr. Osagie O. Obayuwana of NCP, Chief Adebayo Adefarati AD, Dim Chukwuemeka Odumegwu-Ojukwu of APGA among others.
In a swift reaction earlier, the Atiku Campaign Organization had warned that Nigeria is heading for anarchy if the Independent National Electoral Commission (INEC) does not stop flauting court orders on the issue of disqualification of candidates for the next month’s elections.
The campaign organization was reacting to INEC’s claims that it is the constitution and not INEC that disqualifies Vice President Atiku Abubakar from next month’s presidential election.
The campaign organization argues that this is a clear affront on the judiciary as a Federal High Court sitting in Abuja had resolved all the issues on the powers of INEC to disqualify candidates from the election.
“The court judgment is unequivocal about the powers to disqualify candidates in the election.This mischief about the constitution rather than INEC disqualifying candidates is dangerous and unprecedented in the annals of election administration in the country. The constitution expressly grants the power to disqualify candidates to the courts and the Abuja High Court judgment expressly stated this.
‘’Justice Babs Kewumi addressed this issue in his judgment by submitting that “Section 137 ( for President) and 182 (for Governor) of the Constition also contains provisions that ab-initio disqualifies an intending candidate aspiring to the Office of President and Governor respectively. However, none of these provisions in my view empower the defendant (INEC) to issue an order disqualifying a candidate”.
Commenting specifically on where lies the power of disqualifying candidates for the election, Justice Keuwumi in granting the sixth relief sought by the AC and Vice President Atiku Abubakar when he stated as follows: “ The power to disqualify any candidate sponsored by any political party including the first plaintiff (AC) from contesting any election is vested in the courts as provided for in section 32(5) of the Electoral Act 2006 and in any other legislation that is validly enacted in that behalf.
The judgment is therefore clear, unequivocal and specific about who has the powers to disqualify candidates for the election. The mischief that it is the constitution, and not INEC, which purportedly disqualifies Vice President Abubakar from the election is therefore a strange imputation into the Nigerian legal system that is clearly an invitation to anarchy. Or is INEC inviting aggrieved candidates to sue the constitution?’’ the organisation queried.
‘’We note that INEC has indeed gone to the Appeal Court to challenge the High Court judgment. It is a waste of tax payers’ money for INEC, a publicly funded commission to be seeking further clarification on a matter so clear and obvious.
“We affirm our position that it is only the courts that can disqualify a candidate from the election as clearly stated in the constitution and affirmed by the court. INEC now claims the court judgment did not expressly mention the Vice President. We must then ask if the Constitution that Iwu says disqualifies the Vice President expressly mentions Atiku anywhere in the entire text”, the statement added.
What then is INEC’S interest in filing an appeal against a declaratory judgment?