Offokaja Foundation Sues Nigerian Government Over Independent Candidacy Delay

The Incorporated Trustees of Prince and Princess Charles Offokaja Foundation Nigeria and the Prince and Princess Charles Offokaja Foundation Switzerland, a member of the Coalition for the International Criminal Court, CICC, have jointly filed a lawsuit against the Nigerian Government before the ECOWAS Community Court of Justice over delays by several State Houses of Assembly in either accepting or rejecting the National Assembly’s independent candidacy bill on time before campaigns for the 2023 general election.

The suit is marked ECW/CCJ/APP/39/22. The Federal Government of Nigeria is the statutory defendant in the suit as it stands in for other levels of government on such matters at the ECOWAS Court.

Reliefs sort by the plaintiffs include:

A Declaration that the Defendant through all its Sate Houses of Assembly had a fiduciary duty to the plaintiffs to reject or approve the constitution amendment bill on Independent Candidacy by the National Assembly on Independent Candidacy between April and the first week of August, 2022.

A Declaration that as a result of the Defendant ’s omission through all its State Houses of Assembly to reject or approve the constitution amendment bill on Independent Candidacy by the first week of August, 2022, promissory estoppel or detrimental reliance has occurred.

A Declaration that the Defendant violated the plaintiffs’ rights to freedom of expression under Article 9 of the African Charter.

An Order compelling Nigeria to, barring any future change(s) via future constitutional amendment(s), immediately implement independent candidacy for the purpose the 2023 elections and all future elections under all the following requirements which will be used in tandem with relevant Constitutional provisions and relevant Electoral Act provisions as determined by Nigeria’s electoral body:

i. Any intending independent candidate must fill and submit an Intention To Contest form gotten from Nigeria’s, electoral body, and the cost of the form should not be more than Nigeria’s Federal minimum wage. For any election cycle, intending independent candidates shall submit a petition/signed list of holders of valid voters cards also known as Permanent Voters Cards who support their independent candidacy, latest 14 days to the election;

ii. For Local Government Chairmanship candidates and State House of Assembly candidates, 20,000 holders of valid voters cards also known as Permanent Voters Cards from their Local Government Area– for Local Government Councilor-ship candidate, 10,000 holders of valid voters cards also known as Permanent Voters Cards from their constituency or from their local government area;

iii. For State House of Assembly independent candidacy, 30,000 holders of valid voters cards also known as Permanent Voters Cards from their constituency;

iv. For Governorship independent candidacy, 150,000 holders of valid voters cards also known as Permanent Voters Cards from their state;

v. For Senatorial or Federal House of Representatives independent candidacy, 100,000 holders of valid voters cards also known as Permanent Voters Cards from their constituency;

vi. For Presidential independent candidates 300,000 holders of valid voters cards also known as Permanent Voters Cards from the entire body of Nigerian voters.

vii. Nigeria’s electoral body should after receipt of the form and supporters list check the validity of the supporters against the list of registered holders of valid voters cards also known as Permanent Voters Cards in the country, and if it tallies give the person a Certificate To Contest and list the person as independent candidate for the purpose of the general election. If not, communications are continued till the intending independent candidate gets the right number of supporters who are holders of valid voters cards also known as Permanent Voters Cards up until 14 days before the date of the general election.

vii. Nigeria’s electoral body should after receipt of the form and supporters list check the validity of the supporters against the list of registered holders of valid voters cards also known as Permanent Voters Cards in the country, and if it tallies give the person a Certificate To Contest and list the person as independent candidate for the purpose of the general election. If not, communications are continued till the intending independent candidate gets the right number of supporters who are holders of valid voters cards also known as Permanent Voters Cards up until 14 days before the date of the general election.

viii. Independent candidates shall have until 5 days before the election to submit to Nigeria’s electoral body their intended symbol for the purpose of the election. If approved by the electoral body, the candidate can use that symbol for a period of 5 electoral cycles and personally renew it if they chose after that.

ix. If unapproved by the electoral body, the candidate’s photo and name shall be used instead on the voting material. Intending candidates can use or change their symbols at anytime by submitting a signed request to change their symbol to Nigeria’s electoral body at a cost not greater than Nigeria’s Federal Minimum wage, and can only use one approved symbol at a time. Independent candidates can optionally have the photo of themselves and their running mates used instead.

The suit by the NGOs reads in part:

“The Defendant ’s failure to meet the deadline it set through a unilateral act binding on it under international law, has led to a violation of the plaintiffs’ rights to freedom of expression under Article 9(1) and 9(2) of the African Charter on Human and Peoples’ Rights, and the threat of further violation as a result of the possible non-adherence to a second unilateral act binding on the Defendant.

“Based on a particular public statement of one of the high authorities in Nigeria – the Chairman of the Conference of Speakers of State Houses of Assembly – which amounts to a unilateral act all the State Houses of Assembly in Nigeria resolved to approve or reject the 44 Constitution amendment bills approved by the National Assembly, including the one approving independent candidacy in Nigeria’s elections, by the first week of August, 2022.

“In reliance on this statement and to promote their opinion that independent candidacy is a potentially great remedy for qualified Nigerians who due to financial hurdles or for reasons of freedom of thought could not vindicate their bestowed rights by participating in past political party primaries for elective office, the plaintiffs who are into publishing, plan to publish a report on the effect of the approval process of the independent candidacy bill by all the State Houses of Assembly, the President of the Republic and the National Assembly in Nigeria on the 2023 election.

“But due to delays by several State Houses of Assembly in rejecting or approving the bills passed since March, 2022, the plaintiffs are thus far unable to get adequate information. At the same time, a second, related unilateral act by the Chairman of the Constitution Review Committee of the National Assembly through a public statement made by his spokesman stating that the entire process of Constitution amendment would be over by October, 2022 is in threat of not happening.

“This in turn, further threatens the plaintiffs’ right to freedom of expression by receiving information they need to analyze the possible Presidential assent of the bill or possible override of a Presidential rejection of the bill by the National Assembly.”

Judgement is expected on the case soon.