The Independent National Electoral Commission (INEC) says it faced more than 1,000 pre-election litigation in the build-up to the 2023 general election.
INEC’s legal director, Oluwatoyin Babalola, disclosed this in a presentation at a two-day capacity workshop for journalists in Akwanga Nasarawa.
Ms Babalola said the pre-election litigations were borne out of primaries conducted by political parties, substitution of candidates and failure of parties to adhere to their constitution and timetable for the conduct of the election.
Pre-election litigation arose before the conduct of the election proper, as provided for in Section 285(14) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
She said most cases were borne out of a lack of internal party democracy where political parties failed to adhere to their constitutions and guidelines.
Ms Babalola said the unique nature of pre-election matters could not be overlooked as judgments in that regard could negatively impact planning, logistics, funding and certainty of participants in the conduct of the election.
She said those judgments were sometimes delivered on the eve of an election, prohibiting INEC from conducting elections into certain positions, replacing candidates after printing ballot papers, etc., thus affecting logistics and causing a waste of resources.
“Beyond the impact of pre-election matters on preparation for election, the commission is sometimes ordered to withdraw certificate of return issued to a candidate who emerged winner and issue fresh certificate of return to a judgment creditor. After the 2019 general elections, the commission was ordered to issue 94 certificates of return in pre-election matters,” stated INEC’s legal director.
Ms Babalola added that INEC had to withdraw seven certificates of return earlier issued and reissue the same pursuant to court orders in the 2023 general election in Amuwo Odofin II state constituency of Lagos, Kontagora I state constituency of Niger, Mashi-Dutsi federal constituency of Katsina, Akwanga North state constituency of Nasarawa, Akoko South East/South West federal constituency of Ondo, Fika-Ngalda state constituency and Goya Ngeji state constituency of Yobe.
Talking about the Bayelsa, Imo, and Kogi governorship elections, Ms Babalola said INEC was still battling some pre-election matters, revealing that over 11 pre-election matters were filed in respect of the elections after the publication of a final list of candidates on June 9.
She said INEC had been served with orders of the Abuja Division of the Federal High Court ordering the commission to replace the NNPP governorship candidate and the APGA deputy governorship candidate for Kogi.
She added that the Owerri Division of the Federal High Court, amongst others, also ordered INEC to include the name of the PRP governorship candidate in the list of nominated candidates published on the INEC website on May 12.
“In another matter, the Federal High Court in Suit number FHC/ABJ/CS/821/2023 –Chief Denesuoyefa Koloma v. Chief Sylva Timipre Marlin & 2 Ors., disqualified the candidate of the APC, Sylva Timipre Marlin. It also directed INEC to remove his name from the list of contestants for the office of governor of Bayelsa state on the platform of the APC or any other political party for the election.
“The commission has complied with the judgments in respect of Kogi state via the publication of Amendment No. 1 to the final list of candidates, which was published on the commission’s website on September 26. The Orders as they relate to candidates will impact the production of Form EC8E (declaration of result),” she said.
(NAN)
