The death of the governorship candidate of the Peoples Democratic Party (PDP) in Abia State, southeast Nigeria, Uchenna Ikonne, has since been confirmed by his son, Uche-Ikonne Chikezie.
Ikonne passed away on 25 January around 4 am at the National Hospital Abuja.
While members of the party and the governor of the state have commiserated with the family, the party has yet to release an official statement.
But what is the legal implication of the PDP candidate’s death considering the governorship elections are less than two months away?
Section 33 of the Electoral Act 2022 states that when a candidate dies before an election, the political party is allowed to substitute the candidate.
According to the Act, the political party should within 14 days hold a fresh primary election where another candidate is selected and presented to the Independent National Electoral Commission (INEC).
‘A political party shall not be allowed to change or substitute its candidate whose name has been submitted under section 29 of this Act, except in the case of death or withdrawal by the candidate’, the Act reads.
‘Provided that in the case of such withdrawal or death of a candidate, the political party affected shall, within 14 days of the occurrence of the event, hold a fresh primary election to produce and submit a fresh candidate to the Commission for the election concerned’.
The implication is that the PDP shall, upon notifying INEC and within 14 days, conduct a fresh governorship primary in Abia State.
Also, the deputy governorship candidate’s nomination terminates with the death of Ikonne.
According to section 187 of the 1999 Constitution, a governorship candidate can only be deemed to be validly nominated if he actually nominates a deputy.
In other words, a deputy governorship candidate can only be deemed elected if the governor that actually nominated him wins the election.
Photo source: Professor Uche Ikonne