…INEC faces accusations of grave constitutional violations

By Godwin Udeh

The Independent National Electoral Commission (INEC) has fixed Saturday, August 16, 2025, for the court-ordered rerun election into the vacant seat of the Enugu South Urban Constituency in the Enugu State House of Assembly.

The seat has been vacant since the State Assembly Election Petition Tribunal nullified the March 18, 2023, election results and ordered a rerun in eight polling units of the constituency, which have a total of 4,618 registered voters.

INEC’s June 26, 2025, announcement included the Enugu South Urban Constituency rerun with other bye-elections and court-ordered reruns across 2 senatorial districts, 5 federal constituencies, and 10 state constituencies nationwide.

If the election goes on as planned, two familiar rivals are set to face off again – Hon. Sam Ngene of the Peoples Democratic Party (PDP) and Hon. Bright Ngene of the Labour Party (LP). In the March 18, 2023, poll, which was marred by low turnout, Hon. Bright Ngene was declared winner with 5,862 votes, ahead of the runner-up, Hon. Sam Ngene with over 2,000 votes. That outcome was later overturned by the court, leading to the scheduled rerun.

But the unavoidable question now generating intense controversy over the very propriety of holding the election is: Can a convicted criminal, sentenced for offences of dishonesty and fraud, lawfully stand as a candidate in a Nigerian election?

The Constitution is Unequivocal

Section 107(1)(d) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) clearly states: “A person is disqualified if he has been convicted and sentenced for an offence involving dishonesty or fraud, within ten years before the election, unless he has been granted a pardon.”

This provision is not a matter of discretion, sympathy, or political calculation, but an inviolable constitutional command. Hon. Bright Ngene’s conviction in June 2024 for conspiracy and stealing, offences squarely involving dishonesty, falls well within the ten-year disqualification window. Since he has yet to serve out his prison term or receive an official pardon, his candidacy is constitutionally null and void.

A senior legal practitioner who spoke to this reporter on the condition of anonymity, because of the politically charged atmosphere over the election, observed that the constitution is unequivocal, stressing that even if the sentence were fully served, the ten-year bar still applies unless a pardon is granted. To proceed with his candidacy in the election, the lawyer warned, would be “a deliberate assault on the constitution” which could drag INEC into an avoidable legal and political crisis.

The PDP’s Petition and the Allegation of INEC Complicity

The Enugu State PDP has formally petitioned INEC, accusing it of political meddling and willful breach of the constitution.

Their petition reads in part: “The criminal offence for which Mr. Bright Emeka Ngene was convicted and duly imprisoned borders on dishonesty and fraud, which directly violates the provisions of Section 107(1)(d) of the 1999 Constitution and inviolably disqualifies him from participating in any election, including this State Assembly rerun. In the absence of any valid opposing candidate, we urge INEC to declare our candidate, Hon. Sam Ngene, the winner.”

The party insists there is no legal basis to conduct an election featuring a constitutionally disqualified candidate, adding that doing so would not only waste public resources but also invite post-election litigation that could leave the constituency unrepresented for even longer.

Background to the Conviction

Bright Ngene’s legal troubles stemmed from his role as Secretary of the Akwuke Town Union’s Contract Committee between 2014 and 2016. During a community leadership crisis, he received about ₦15.75 million in sand and gravel royalties into a corporate account accessible to him and his wife, rather than the union’s official account.

The Akwuke community accused him and an associate, John Ewoh, of conspiracy and theft. After prolonged proceedings, an Enugu South Magistrate Court, in June 2024, sentenced Ngene to seven years’ imprisonment, three years for conspiracy and four years for stealing.

While Labour Party supporters and his political associates have tried to paint the case as politically motivated, many community members and political analysts see it as a consequence of undeniable wrongdoing. Critics blame the Labour Party for failing to properly vet its candidate, thereby compromising the credibility of the original 2023 victory.

Political Undercurrents and Alleged Manipulation

There are growing allegations that certain political actors are pressuring INEC to overlook the constitutional disqualification. Sources accuse Senator Kelvin Chukwu of the Labour Party, representing Enugu East Senatorial Zone, who is the Vice Chairman of the Senate Committee on INEC, of lobbying and mounting pressure on INEC Chairman, Prof. Mahmood Yakubu, to allow Bright Ngene’s name on the ballot.

APC Lawmaker in Abuja, LP Political Operator in Enugu

Other sources allege that Hon. Chimaobi Atuh, representing Enugu North and South Federal Constituency, is the field commander of the Labour Party’s rerun campaign.

Although he recently defected to the ruling All Progressives Congress (APC), Hon. Atuh is allegedly financing LP meetings and mobilising youths for the contest. A PDP leader in the area described him as “an APC lawmaker in Abuja, and a Labour Party political operator in Enugu”.

Who Wins the Rerun

Three previous attempts to hold the rerun election all ended in acrimony. The first attempt, on February 1, 2024, was botched amid disputes over missing original result sheets. The second, two weeks later, failed to hold following the outbreak of violence, with both parties trading blame. In the third attempt, on June 8, 2024, voters turned out at polling stations, but no INEC officials were present. The election was postponed indefinitely.

Political analysts say the Labour Party’s chances in the rerun have dimmed, given the PDP’s growing popularity in the area, boosted by Governor Peter Mbah’s aggressive infrastructure projects and voter backlash against LP lawmakers who defected to the APC after benefiting from the Obidient wave in 2023. But beyond electoral calculations are questions over what happens if INEC knowingly conducts an election with a constitutionally disqualified candidate, in open defiance of the clear provisions of the Nigerian constitution. This would not only undermine public confidence in the electoral process but also set a dangerous precedent where the constitution can be trampled on for political expediency.