According to section 77 (2&3) of the electoral act 2022, Peter Obi is not a member of Labour party. As a result, he is not qualified to contest the February 25, 2023, presidential election. Section 77 (2) says every political party must have/maintain a register of its member in soft and hard copy. 77(3) says each party SHALL MAKE THAT REGISTER AVAILABLE TO INEC NOT LATER THAN 30 DAYS BEFORE THE DATE FIXED FOR PRIMARIES, CONGRESSES OR CONVENTION. PDP screened all presidential candidates on April 29th, 2022.
Peter Obi participated in that screening and was cleared. Obi even displayed his provisional clearance on social media. He resigned from PDP on Thursday, May 26th, 2022, to join Labour party on May 27th, 2022. Labour party conducted her presidential primary on May 30th, 2022 and it produced Obi after Prof. Pat Utomi voluntary withdrew for Obi.
According to the section 77(3), Labour party ought to have submitted the party register to INEC 30 days before the presidential primary. By calculation, 30 days to May, 30th, 2022 was April 30, 2022. As at April 30th, 2022 when labour party had submitted the party register to INEC, Peter Obi was a member of PDP.
So, Obi name was not part of those in the party comprehensive register that was submitted to INEC. The question is, can a candidate who is not a valid member of a political party contest for presidential election? Can a political party nominate non member to participate in presidential election? The tribunal will be of fireworks and shall be interesting in days to come.