The Cross River State Independent Electoral Commission on Thursday declared that the All Progressives Congress was not qualified to contest the September 21 local government election in the state.
The Chairman of the commission, Patrick Otu, made the declaration at a news conference in Calabar, the state capital.
Out said this was because the newly-registered APC did not comply with the Electoral Act of 2010.
Otu said the APC did not meet Section 84 (6) of the Act, which states that for a party to contest an election, it must have been registered 90 days before the election.
He said the CROSIEC, on March 18, published a notice of election and timetable for the conduct of fresh elections into the 197 wards of the 18 local government areas in the state.
Out said: “The All Progressives Congress was formally registered on July 31, 2013, one month and 21 days to the Cross River local government elections.
“This means that the APC has not complied with the provisions of the Electoral Act 2010, as amended, and therefore is not eligible to participate in the election.”
Out said the election would hold as planned, as the Cross River State Local Government Law 2009 did not include registration of new parties as ground for postponement of an election.
The chairman said further that the clarification became necessary following rumours of postponement being peddled around.
He said the merger that gave birth to APC was consummated for the sole purpose of providing the constituent parties a formidable platform on which to contest all elections in Nigeria.
Otu said that the founders of the party did not contemplate forming the party specifically to contest the local government election in the state.
“If this were to be the case, then the party would have ensured that it was registered 90 days before the elections,” he said.
He said the only way the party would participate in the election was postponement on sympathy ground.
Otu, however, said the commission would not do this.
Otu said this was because postponing an election in order to allow a newly-registered political party to participate would open a flood gate that would be impossible to stem.
He said it was outside the mandate of the commission to find a political solution, adding that this was squarely within the competence of political actors.
“We are an election management body and by virtue of that, we are by law an umpire,” he said.
He, however, said that since the matter was before the courts, it would abide by any decision considered by the courts, adding that the commission was law-abiding.
“If the court decides otherwise, we will obey the court orders immediately,” he said.
Otu said that four political parties – the Peoples Democratic Party, All Progressives Grand Alliance, Progressive Peoples Alliance and Nigerian Conscience Party 0 are contesting the election.
He said that the commission was putting in place measures to ensure credible election.
The chairman said it had begun sensitisation of the citizens to the need to participate fully in the election.
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