AS controversies continue to trail the candidacy of Vice President Atiku Abubakar, the Independent National Electoral Commission (INEC) at the weekend asked for and received his photographs.

The Action Congress (AC) confirmed to The Guardian that it has sent five photographs of the Vice President to INEC.

INEC Chairman, Prof. Maurice Iwu, had earlier told Nigerians that the commission would print the photographs of candidates on the ballot papers to be used for the April general elections.
The Action Congress (AC) confirmed to The Guardian that it has sent five photographs of the Vice President to INEC.

INEC Chairman, Prof. Maurice Iwu, had earlier told Nigerians that the commission would print the photographs of candidates on the ballot papers to be used for the April general elections.

But questions on the eligibility of Abubakar or otherwise for the election have continued to agitate the minds of Nigeria.

Some of these questions are: "Will Atiku Abubakar be allowed to contest the April 20, 2007 presidential election? Is he legally qualified to contest the election in view of the pronouncement of INEC? How will the ruling of the High Court of Lagos State of November 28, 2006 affect Section 137 (i) of the 1999 Constitution, which disqualifies candidates that have been indicted? What is the legal implication of Section 137 (2) of the Constitution, which deals with pending appeals?

Even Prof. Iwu's response to an inquiry on the question in The Guardian on Sunday has not laid the matter to rest as the same commission that cited Section 137 of the Constitution on the issue has verified the credentials of both the Vice President and his running mate.

What's more, the recent Federal Government white paper on the Economic and Financial Crimes Commission (EFCC) list did not include the Vice President's name as one of those indicted.

Besides, the August 24, 2006 report of "Alleged conspiracy, fraudulent conversion of fund, corrupt practices and money laundering" was quashed by a Lagos High Court. And the ruling has not been set aside by another superior court. Yet, the EFCC has taken judicial notice of the verdict by appealing the November 28 ruling described by legal experts as an abuse of a judicial process for federal officers in Abuja to have hoped to benefit from litigation in a state court's ruling.
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Apparently confused by media reports of Abubakar's alleged disqualification, the National Secretary of the AC, Bashir Dalhatu, had through a letter dated February 9, 2007 asked for clarification on the status of the party's presidential candidate. The letter drew the attention of INEC to its incompetence to disqualify any candidate.

Dalhatu added: "As this unwarranted injury upon the status of our candidate is continuing, we must ask you to view our concerns with utmost seriousness in order to clear the air and reaffirm the credibility of your commission in the minds of our supporters."

Iwu replied thus: "Consistent with the policy of the commission, we referred his case to you as the commission does not clear candidates where issues of their eligibility to contest are clearly in issue and in view of the provisions of the Constitution as stated supra. Please, be guided accordingly."

This is the letter a section of the media may have interpreted to mean that "Abubakar remains constitutionally banned, according to INEC."

But the same INEC has continued to deal with Abubakar and his running mate even as it insists that no indicted candidate can contest the elections in April.

Iwu confirmed to The Guardian on Sunday yesterday that no candidate whose indictment had been accepted in the government's white paper can take part in the elections as Section 137 (i) of the 1999 Constitution had sealed their hope.

His words: "We have to respect the Constitution. The list that we have is the white paper and the law says that if there is a white paper doing what we have said, then we have nothing else to do but to just accept that those people are not candidates.

"But what we did on our own was just to send back to the parties people who have petitions against them. We expected them to change them. And they are doing that. In some cases, if they decide not to change them, from my own point of view, we didn't disqualify anybody and from my own point of view, that party did not submit any candidate. Do you see the difference?"

"We didn't have anybody to disqualify. That party refused to send an eligible candidate for us to put in the ballot. That is a totally different matter. We don't disqualify anybody. That is why we put the onus on them to do the right thing. And they are doing the right thing by and large.

"Whether the method of indictment, whether the process is proper or wrong, or whether it is popular or unpopular has nothing to do with us. We are actually an implementing agency to conduct elections with eligible candidates. Are you seeing our dilemma? So, we are working on a narrow line here and we don't want to cross. We don't want to tell the world, 'oh, we are disqualifying you.'

"Anybody who is indicted and accepted by the government in the White Paper that is what the law says. Whether it is a just law or unjust law, that is not our own problem. But it is not only those people. We have so many other cases and we advised the parties to change them because of petitions that were adjudged as serious. I use the issue of age, I told you that? We also had cases of people who were convicted previously for one crime or the other.

"Their names also showed up and were pointed them out to the parties. We also had cases where people on their own voluntarily withdrew. They didn't want the public glare and people asking questions. They just withdrew on their own. We also have other issues that we are contesting in court. For instance, we did question the nationality of two of the presidential candidates and vice presidential candidates. And they took us to court. We are contesting it not because we have any interest one way or the other but because we want to be guided because of future issues."

On the question of the same Constitution giving reprieve to the indicted candidates in Section 137 (2), Iwu said it must have been misinterpreted as the section referred to had no link with the intendment of the provision in sub-section (i).

He went on: "But the constitutional provision in Section 137 says that if those cases are cases that are pending in court in respect of those indicted, that indictment cannot stand.

"That is one of those very interesting things in this country that really baffles me. The Constitution actually says the opposite. People tell a lot of lies and they tell it so repeatedly that it gets mistaken for the truth.

"Let me avail you with the constitutional provision and let's use that of the presidential race, because it was the same thing they repeated in the same language.

(Reading from of the constitution). If you go to Section 137 of the Constitution, after giving us (the qualifications), it now says a person shall not be qualified for election to the office of president if, it did not say disqualified. The person is not qualified! There is a difference between somebody qualified and then you disqualify him. The person is not qualified if, it then said (a) to (i), which (i) is the one that we are talking about. It says if he has been indicted for embezzlement or fraud by a judicial commission of inquiry or an administrative panel of inquiry before even tribunal set up by government. And then it says 'which indictment has been accepted by the federal or state government respectively or he has presented a forged certificate to the Independent National Electoral Commission.'

"It is that (j) that the Electoral Act amplified. Now, Section 2 of that, 'where in respect of any person who has been, (a) adjudged to be a lunatic, declared to be of unsound mind, sentenced to death or imprisonment or adjudged or declared bankrupt. There are only four conditions. Any appeal against that section is the area people misunderstand. That is for this category, it didn't mention indictment as a thing that if you are in court, we should wait. I am not a lawyer, but I can read English. There is no where in this Constitution. But you see people cleverly, because they know that the Constitution upholds our position, they never quote the Constitution".

"They go for Sections of the Electoral Act as if the Electoral Act is being done independent of the Constitution that gave it its power. So, they keep going to the Electoral Act. It is not even section 32 (Trying to recall the exact section), Anyway, you should look at the Section. What it talks about is that if anybody has a reasonable belief that somebody has given a false information to INEC, that person can go to court."

But the same INEC that is spitting fire over indicted candidates was said to have asked for the pictures of the AC presidential candidate and the running mate last Friday. It was confirmed last night by the AC secretariat that five copies were supplied to INEC.

Prof. Iwu had earlier confirmed that candidates' pictures would be printed on the ballot papers for the April elections. He also confirmed in The Guardian on Sunday interview that the INEC was already considering options for candidates that the courts may set free after the process had closed.

So, what is the legal status of the AC presidential candidate? Will he contest? Will he not? The answer at press time was still in the wind.

I am eagerly awaiting the law school dropout , I know it all anti-ATIKU to start debating this topic and its merit or demerit. simply said TURAKI will be on the ballot. He may not win,but his constitutional right will be protected. Right to vote and be voted for.

What a political De Javu!!!!!!!!!!!!!!!!!!!!!!!

Atiku remains disqualified according to INEC boss.

INEC boss said that they requested and received Atiku's photos to store it in their database should it be required after the polling cards of qualified candidates are printed.

Instances where his photo may be required is if there are any new court ruling on his disqualification.

The photos do not signify that INEC will change his disqualification that was based on the constitution, the INEC boss confirmed.

you are all goats and herds heading in the way of permanent misnomer.

Ferlie:

you are all goats and herds heading in the way of permanent misnomer.

Those who suggest that being exposed to formal education does not necessarily mean being learned may not be wrong after all.

shutmouth:

Atiku remains disqualified according to INEC boss.

INEC boss said that they requested and received Atiku's photos to store it in their database should it be required after the polling cards of qualified candidates are printed.

Instances where his photo may be required is if there are any new court ruling on his disqualification.

The photos do not signify that INEC will change his disqualification that was based on the constitution, the INEC boss confirmed.

Please those that will qualify and disqualify Atiku. read this;

137. (1) A person shall not be qualified for election to the office of President if -

(a) subject to the provisions of section 28 of this Constitution, he has voluntarily acquired the citizenship of a country other than Nigeria or, except in such cases as may be prescribed by the National Assembly, he has made a declaration of allegiance to such other country; or

(b) he has been elected to such office at any two previous elections; or

(c) under the law in any part of Nigeria, he is adjudged to be a lunatic or otherwise declared to be of unsound mind;

or

(d) he is under a sentence of death imposed by any competent court of law or tribunal in Nigeria or a sentence of imprisonment or fine for any offence involving dishonesty or fraud (by whatever name called) or for any other offence, imposed on him by any court or tribunal or substituted by a competent authority for any other sentence imposed on him by such a court or tribunal; or

(e) within a period of less than ten years before the date of the election to the office of President he has been convicted and sentenced for an offence involving dishonesty or he has been found guilty of the contravention of the Code of Conduct; or

(f) he is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in Nigeria or any other country; or

(g) being a person employed in the civil or public service of the Federation or of any State, he has not resigned, withdrawn or retired from the employment at least thirty days before the date of the election; or

(h) he is a member of any secret society; or

(i) he has been indicted for embezzlement or fraud by a Judicial Commission of Inquiry or an Administrative Panel of Inquiry or a Tribunal set up under the Tribunals of Inquiry Act, a Tribunals of Inquiry Law or any other law by the Federal or State Government which indictment has been accepted by the Federal or State Government, respectively; or

(j) he has presented a forged certificate to the Independent National Electoral Commission.

(2) Where in respect of any person who has been -

(a) adjudged to be a lunatic;

(b) declared to be of unsound mind;

(c) sentenced to death or imprisonment; or

(d) adjudged or declared bankrupt

(e) any appeal against the decision is pending in any court of law in accordance with any law in force in Nigeria, subsection (1) of this section shall not apply during a period beginning from the date when such appeal is lodged and ending on the date when the appeal is finally determined or, as the case may be, the appeal lapses or is abandoned, whichever is earlier.

i trust lawyers. let just wait and see

THE war of words between the Action Congress (AC) and the Independent National Electoral Commission (INEC) heightened on Monday as INEC denied reports over the candidature of Vice President Atiku Abubakar.


While the AC insisted that the vice president remained qualified to run in the April polls, the electoral body was hinting at a disqualification of Atiku based on his indictment by a government white paper.


The AC had also repeatedly responded by saying that the white paper had been made of no effect by a court ruling.


It also said that the indictment had been challenged in a court of law, making it not grounds for disqualification.


The matter got to a head yesterday when a news report said the commission had already asked the vice president and his deputy to provide their pictures for ballot papers.


The commission, however, denied ever asking the Action Congress (AC) for the passport photographs of the vice president.


The INEC chairman, Professor Maurice Iwu, said the commission never demanded for Atiku's photographs for any reason even as he warned INEC officials to be wary of newspaper reports on INEC's activities.


Iwu made this known at the INEC headquarters in Abuja during a swearing in ceremony for newly appointed resident commissioners for Rivers and Gombe states.


Iwu also denied newspaper reports on the possibility of shifting the election dates.


He insisted that the plans by his commission for the general election were fully on course.


He said unlike in the 2003 general election when, according to him, preparations by the commission suffered hitches, the preparations by INEC for the 2007 elections had been going far ahead of schedule.


The INEC chairman admonished the new commissioners never to take any action based on newspaper reports.


The vice president had said weekend that his party did not receive any letter from the INEC on the issue of substitution.


All efforts to get Atiku campaign organisation proved abortive as they were said to be in a crucial meeting when the Nigerian Tribune called.

AC is full of gangsters and fraudulent people, I bet you they may have intentionally sent a photograph to INEC claiming INEC demanded for them. Just to cause confusion. They are joking with Prof. Maurice Iwu, they think he is Uba Sani who allows words to be put in his mouth. Iwu has said it that they intentionally tell lies repeatedly such that it looks like the truth.

Iwu is a two faced liar, why won't he come out straight and say if Atku is being considered as a candidate or not? the dude just continues to play with words

Iwu is only playing by the rules and implementing the constitution to the letter. He has said it that he has no powers to disqualify anybody but those not qualified according to the provision of the constitution will not be cleared. It is that simple!!!

If the AC are trying to bully Iwu to borrow their words that INEC has disqualified Atiku so that they will go and challenge the statement in court. Sorry Iwu is not that dumb he is not in the league of Uba Sani they can not put words in his mouth.

he is playing with words, if Atiku has been disqualified, he should be bold enough to say it, why hide behind constitution says this or that?

or is he afraid of the AC and Atiku? If he holds a certain view, he should state it clearly and stop hiding in the shadows

afterall its the constitution and not him, so he should clear up the controversy.

Sorry it is not down to him to clear, Atiku should go to his oracle the courts for clearance.

I mean clearing up your so-called controversy.

its not down to him, but based on almighty Iwu's reading of the constitution we should know what names he intends to print on ballot papers as of this date. that is a decision he has to make.

or will the courts print ballot papers too?

The whole issue could have been handled tactfully,by the presidency by allowing the guy to run and see if we are smart or dumb enough to vote him in. Don't deny him his right

Lets not be fooled! Isnt this d best way OBJ would have tacitly dropped his gauntlet in allowing Atiku contest?

Obasanjo should reconcile with Atiku

In third world countries, leaders want to rule till they die in office ingloriously or chased out by popular revolt. In most cases, they are drunk with power and use this power given them by the people to brutalize the same people. most often they do not keep to their electoral promises but impoverish the citizenry.

In Nigeria, the story is not different. After President Obasanjo had God’s grace to rule longest in Nigeria, he does not want to go.

Nigerians should not believe all the latest proclamations that he is leaving next year.Behind such statements, there is a hidden agenda because the president is obsessed with power and brutal power for that matter. It will be recalled that after the failed third term struggle, he told the nation of his determination for total reconciliation and demonstration of politics without bitterness. Ever since, it is clear that the opposite is the practice by the president. Reconciliation is not through dry humors at public functions but demonstration of love and tolerance towards political opponents.

President Obasanjo does not seem to realize that tomorrow is more important than today, because only God determines what tomorrow has in hold. Your enemy today may turn out to be your help tomorrow. Unfortunately, the president enjoys making more enemies by the day. After causing public disaffections, he will later call on Nigerians to pray. And if I may ask, where is the Christian virtue in this man who claims to be a born again Christian?

By the way is it a crime for a vice president to aspire to become president? It is clear that President Obasanjo suddenly developed hatred for Atiku because the latter exposed his third term agenda.

As a human being, does President Obasanjo want to tell Nigerians he is totally spotless? By all political arguments, the president and his vice must have had some private brotherly dealings and relationships in the past. If President Obasanjo were to be a father or uncle indeed he should have a heart large enough to forgive Atiku and embrace him because he contributed to his stability at the foundation of his administration through his political experience.

Pastor Emmanuel Eze,
Plot 149, Independence Layout,
Enugu.

Some people are confusing me now, I thought we all just fell in love with the laws of the
land and court rulings recently?

Atiku has been indicted and as per the constitution unfit to contest. Unless he can get a
court order to nullify his indictment, why should we be encouraging Iwu to act outside
the law?

What is it? Should we stick to the constitution only if it favors Atiku and ignore it when its
not in his favor because we hate Obasanjo so much?

As for Obasanjo and Atiku reconcilling, Christ will have to come back twice before that can
happen. Obasanjo is not the kind of person you cross and go unscathed. They crossed the
point of no return a long time ago.

Finally, as for those sounding the alarm that Obasanjo is looking for any excuse to stay
beyond May 2007, a better use of your time is to start prevailing on Atiku to back out so
as not to give OBJ any reason whatsoever to continue in office.

If he Atiku contests and loses, you can bet he will do all he can to foment as much trouble
as possible, but that will be playing straight into the hands of Obasanjo as he will have to
extinguish the Atiku threat to public peace before handing over, and rightfully so if I may add.

if there is any law that disqualify atiku as a presidential candidate, let the same law visit andy uba who has an established and confirmed case for which he paid fine to us law court.
we are all aware that for any accused person to accept and pay fine in a law court means nothing less than acceptance of guilt.
nigerians, we can always call a spade a spade. who in nigeria is not aware of andy uba's financial crime in the usa. why are we all closing our eyes on that.
what are those qualities that make yar adua an outstanding governor among others?
what are his achievements in his state? donald duke was mentioned by this same efcc as the only upright governor so why is not the presidential candidate or even the running mate?
yar adua family are born to rule but they do not poses anything special to show for that.
the aso rock seat of power has become an instrument of family friendship. his elder brother was obj's second in command during his military days and head of state and now the younger is taking over from obj as civilian president by all means.
we are all aware of the madness behind who is corrupt and who is not.
we all know people denying us good roads, power supply, security, employment, and all the good things of life. we all know the murderers as annointed by pdp yet none has his name among the corrupt officials maybe efcc will send their names to heaven for saints so that they will rule like angels.
am of great belief here that atiku and orji uzo 's issues are leading nigerians to a lot of unknown secret places of this administration.
inec accepted the pictures in nigerian newspapers and now rejected in the same newspapers but for all i care, IWU is interpreting the scripts of the self acclaimed most high-obj.
the good ones in this administration have decided to quit or play along.
why this latest problem between obj and pdp chairman?

@chidichris

What has internal party squabbles (if any really) between PDP and Alli, or Andy Uba's purported
criminal past in the US got to do with INEC following what the constitution says in black and white
about the electoral eligibility of indicted persons? Nothing - just an outpour of angry emotions.

Watch This:
Is bribery a criminal offense in Nigeria? - (surprisingly YES)
Have you bribed any public officials within the past 8 years? - (I dare to say YES)
Have you been arrested for offering bribes? - (I dare to say NO)
Have others being arrested for offering similar bribes? - (I dare to say YES - I will think at least 1 person)

Since you want to play FAIR, will you kindly submit yourself to be arrested for offering bribes at one point
or the other in the past? - (I await your answer)