Edet Ikotidem
Section 182 of the Constitution of the Federal Republic of Nigeria has disqualified Bassey Albert, OBA the governorship Candidate of the Young Progressives Party (YPP) and any other person found culpable from contesting any election until his appeal against his conviction is quashed.
By necessary extension, even if he runs for office and receives every vote available, all of the votes credited to him will be deducted, and the runnerup will be sworn- in.
OBA, Others Disqualified
Part of section 182of the Nigerian constitution which disqualifies Bassey Albert reads’ (1) No person shall be qualified for election to the office of Governor of a State 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 for any offense involving dishonesty or fraud (by whatever name called) or any other offense 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 fewer than ten years before the date of election to the office of Governor of a State he has been convicted and sentenced for an offense 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
(g) being a person employed in the public service of the Federation or of any State, he has not resigned, withdrawn or retired from the employment at least thirty days to the date of the election; or
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(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; 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 or declared bankrupt,
(d) adjudged or declared bankrupt,
an 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.
Senator Albert is ineligible to serve until he is released and cleared following a successful appeal after being found guilty of a crime by the Federal High Court in Uyo on November 1, 2022. He began serving his prison sentence that day. Because it does not lessen the serious consequences of a conviction, an admission to bail on medical grounds is not a mitigating circumstance
All categories of persons listed under Section 182 (1) a – j are disqualified from contesting/ineligible to contest elections into the office of Governor except those excluded by Subsection (2) a – d. Those covered by Subsection (2) a – d are found in Subsection (1) c and f; these are those with unsound minds and those with bankruptcy issues.
Subsection 182 (2) a – d is specific about the categories of persons whose Appeal will serve as a “stay of execution”. It does not include those listed as (d) and (i). If the Constitution meant all those mentioned in Subsection (1) to benefit from the provisions of Subsection (2), it would have said so expressly.
An execution stay is typically not granted by a simple appeal. It seems strange that the Constitution would grant such rights to those who have been convicted of crimes when they no longer have the benefit of the presumption of innocence under the law.
The exceptions provided by the Constitution in Subsection 2 are with regard to the topics covered under a-j and have been carefully sieved to favor only issues relating to insanity and bankruptcy.
Senator Bassey Albert needs to rearrange his priorities and take action right away. When a candidate insists on running for office (which is illegal from the start) and his appeal is not resolved before election day, the votes he receives are wasted.
This scenario might result in unfavorable outcomes and cause a setback.
The only thing left for OBA is to beg Akan udofia to accommodate him and his followers to ensure that Akwa Ibom State is not left in the hands of looters
