Enugu South Constituency Bye-Election Faces Legal and Political Firestorm Over Candidate’s Eligibility

By Godwin Udeh

The Independent National Electoral Commission (INEC) is under intense scrutiny ahead of the court-ordered rerun for the Enugu South Urban Constituency seat in the Enugu State House of Assembly, scheduled for Saturday, August 16, 2025.

The rerun follows the nullification of the March 18, 2023, election results by the State Assembly Election Petition Tribunal, which ordered fresh polls in eight polling units with 4,618 registered voters. The contest is set to pit familiar rivals — Hon. Sam Ngene of the Peoples Democratic Party (PDP) and Hon. Bright Ngene of the Labour Party (LP) — against each other once more.

However, the election has been overshadowed by a fundamental constitutional question: Can a convicted criminal, sentenced for offences involving dishonesty and fraud, lawfully contest a Nigerian election?

Constitutional Roadblock

Section 107(1)(d) of the 1999 Constitution (as amended) unequivocally disqualifies any person convicted and sentenced for such offences within ten years prior to an election, unless officially pardoned. Hon. Bright Ngene’s June 2024 conviction for conspiracy and stealing — which earned him a seven-year prison sentence — falls squarely within this prohibition. Legal experts stress that, without a pardon, his candidacy is null and void.

A senior lawyer, speaking on condition of anonymity, warned that allowing his name on the ballot would amount to “a deliberate assault on the constitution” and risk plunging INEC into avoidable legal and political turmoil.

PDP Cries Foul

The PDP has petitioned INEC, accusing it of willful constitutional breach and political interference. The party argues that, with Ngene’s disqualification, its candidate should be declared winner by default, avoiding what it calls a wasteful and potentially unlawful election.

Conviction Background

Ngene’s conviction arose from his tenure as Secretary of the Akwuke Town Union Contract Committee (2014–2016), during which he diverted ₦15.75 million in community royalties into a private corporate account. His supporters have labelled the case politically motivated, but many community members insist the verdict was well-founded.

Political Undercurrents

The controversy has been further inflamed by allegations of behind-the-scenes lobbying. Senator Kelvin Chukwu of the Labour Party, Vice Chairman of the Senate Committee on INEC, is accused of pressuring INEC Chairman, Prof. Mahmood Yakubu, to retain Ngene’s candidacy. Meanwhile, Hon. Chimaobi Atuh — an APC lawmaker in Abuja — is allegedly bankrolling LP’s rerun campaign in Enugu, despite his recent party defection.

A Rerun in Perpetual Limbo

This marks the fourth attempt to hold the rerun, following previous failures due to missing result sheets, violence, and the absence of INEC officials. Analysts say PDP now enjoys stronger grassroots support, buoyed by Governor Peter Mbah’s infrastructure projects and voter frustration with defecting LP lawmakers.

Still, the central issue remains: what happens if INEC proceeds with an election that includes a constitutionally disqualified candidate? Critics warn it could set a dangerous precedent, eroding public trust in Nigeria’s democratic process and legitimising political expediency over the rule of law.