The happening in Edo State now is very similar to what happened in Zamfara which was adjudicated upon by the Supreme Court.
As a matter of fact, the NWC of APC has come out clearly to state that it does not want repetition of Zamfara experience hence, the reason for opting for direct primary.
On the other hand, Obaseki's faction of APC in Edo state is claiming that it is the responsibility of the state chapter of the party to determine which type of primary is to used and conduct same citing Kogi State as an example.
With this development, it is obvious that two primary elections will be conducted in the state viz; the one by the NWC and the other by the state chapter of the party.
However, as you will agree with me, the law must have a position on this matter and whoever is favored in law will be on the better side. What then is the position of the law?
The best place to find the position of the law is to look at the pronouncements of the Court on similar matters which before the court has come up for determination.
In Senator Marafa &179 Ors v APC &1 Or, the Supreme Court held as follows:
'It is the duty of the NWC to conduct primary elections and not the State Executives. The NWC must issue a guideline in line with the party's constitution on how the primary is to be conducted and strictly comply with it.'
With this decision of the Court, the state chapter of the party has no role to play in the conduct of primary election except the NWC as part of its guidelines issued delegated the state chapter to carry out specific roles which I believe was the situation in Kogi State.
In view of this, it will be a suicide mission and efforts in futility if Obaseki relies on his argument of asking the State Chapter to conduct the primary.
As it is, Obaseki only has an option of complying with the NWC guidelines or opt for another platform to prosecute his second term ambition
Mogbojuri Kayode writes from Igbokoda, Ondo State.
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