Section 31
Withdrawal of candidateA candidate may withdraw his or her candidature by notice in writing signed by him and delivered personally by the candidate to the political party that nominated him for the election and the political party shall convey such withdrawal to the Commission not later than 90 days to the election.
This section clearly states the way a candidate may withdraw his/her candidature as well as the time frame for conveying such withdrawal to INEC for it to be valid. It emphasises that the withdrawal which is to be written and signed by the candidate must be delivered personally to the Political Party.
The 2022 Act changes the timeline or deadline for withdrawal of candidates to at least 90 days to the election. In the repealed Act, the deadline for withdrawal was no later than 45 days to the election. It further changes the words “delivered by himself” to delivered “personally” to the political party that nominated him. Both words appear to have the same meaning and effect
Since the introduction of withdrawal of candidate as one of the only means to substitute a validly nominated candidate by a political party, there were various disputes on withdrawal of candidature prior to the 2011 general elections centered on political parties unilaterally withdrawing candidates under the guise of complying with the provisions of the Act
On the right of a candidate to withdraw from an election.
People's Democratic Party (PDP) v. INEC, APC, Bola Tinubu & Shettima Kashim (SC/CV/501/2023) (Unreported) @ pg. 13 Per Ogunwumiju, JSC
The Supreme Court in ruling on the unfettered right of a candidate to withdraw his candidature for an election stated as follows:
“Where a candidate has already been nominated by a party for an elective position and the party desires to substitute that candidate for another,
neither the Electoral Act nor the Constitution forbids such an act. In fact, the withdrawal of a candidate and substitution with another is
permissible by the Electoral Act as already stated above.”
Hon. Justice Agim JSC, at Page 5 of his concurring judgment added as follows:
“It is glaring from the provisions of Section 31 of the Electoral Act that the legislative intention is that the withdrawal should
take effect upon the nominated candidate personally delivering a written notice of his withdrawal to the political party and not when
the political party conveys it to INEC. S.31 states that what the party conveys to INEC is the withdrawal. The provision gives the party not
later than 90 days to the election to convey the withdrawal of its candidate to INEC.”
On the Validity of the victory of a withdrawn candidate
HON. OLAKUNLE SOBUKANLA & ALL PROGRESSIVES CONGRESS(APC) v. INEC, BABAJIDE OWODUNMI & PDP CA/IB/EP/SHA/OG/23/2023) (Unreported) Per Orji-Abadua, JCA @ Pg.46
In this case, Mr. Babajide Owodunmi who was sponsored by the PDP for the State House of Assembly election for Ikenne Constituency in Ogun State decided to communicate his intention to withdraw from the contest and terminate his membership of the party 12 days before the elections. Accordingly, he communicated same to the party who in turn also notified INEC 4 days before the election. However when the election took place he (Owodunmi) was returned as the winner and issued a certificate of return for having scored majority of the votes cast. The Petitioner then brought a petition challenging the legality of his return. The Tribunal dismissed the petition holding that the withdrawal was not done in line with the provision of S.31 having not given up 90 days notice to the INEC. The Court of Appeal is upturning the Tribunal’s verdict held as follows when it nullified Owodunmi's election.
“By the above decision (PDP v INEC & 3 Ors. In Appeal No. SC/CV/501/2023 delivered on 26/5/2023) , it follows that the withdrawal of the 2nd Respondent herein of his candidature on 6/3/2023 was complete on that day and from that day he was no longer the candidate of the 3rd Respondent’s party at the election. The 3rd Respondent conveyed the withdrawal of the candidacy of the 2nd Respondent to the 1st Respondent by the letter dated 10/3/2023….All the candidate is obliged to do is to handover his letter of withdrawal from the race , the moment that is done he ceases to be the candidate of the political party. By the 3rd Respondent contravening the 90 days requirement, it follows that it had no candidate at all at the election. So, having validly withdrawn his candidacy, the 2nd Respondent was not qualified to have participated in the election of 18/3/2023.”
ANPP V. USMAN (2008) 16 NWLR (PT. 1113) 357 AT 410By virtue of Section 36(1) and (2) of the Electoral Act, 2006 (which is in Pari materia with section 31 of the Electoral Act 2022), a candidate may withdraw his candidature by notice in writing signed by him and delivered by himself to the political party that nominated him for the election and the political party shall convey such withdrawal to the Independent National Electoral Commission and which shall only be allowed not later than 70 days to the election. Where the Commission is satisfied that a candidate has withdrawn as provided in subsection (1) of the section, his political party shall be allowed to nominate another candidate not later than 60 days before the date of the election. In the instant case, by withdrawing his candidature in compliance with the Electoral Act, 2006, the 1st Respondent did not contravene the provision of S.36(1) of the Act
