Politics
By Anthony Isibor
THE Independent National Electoral Commission, INEC has called on the Judiciary to ensure it strictly adheres to ‘stare decisis’ as it is critical to better functioning of the Electoral Body.
Prof. Mahmood Yakubu, INEC Chairman, made the call at the capacity building workshop, organized for Justices and Judges on Election Matters, held in Abuja, on Monday, November 7, 2022.
Prof. Yakubu, who reassured the judiciary of the Commissions commitment to abide by Court orders, however, condemned the situation “Where a trial Court sought to vary the judgement of the Supreme Court by ordering the Commission to issue a Certificate of Return in favour of a candidate, whose emergence during the party’s primary election has been nullified by the apex Court (and affirmed by the same Court, following an application for clarification).
According to him, having conflicting court judgments usually put the Commission in difficult situations, and a waste of the precious time of the Courts, which are already inundated by even the most improbable cases by litigation-happy individuals and parties.
The INEC boss, however, commended the judiciary for the reduction in post electoral litigations and their swifter dispensation of justice.
He recalled that a similar workshop held prior to the 2019 General Elections, in which the Commission interacted with the judiciary on the adjudication of post-election disputes, had led to a better appreciation of the electoral processes, reduction in the spate of conflicting judgements as well as consequential reduction in the number of elections nullified and/or overturned after the election.
“As a consequence of a similar workshop organised ahead of the 2019 General Elections, we noticed a sharp reduction in the number of cases arising from that election and consequently a reduced number of elections nullified by the Election Petition Tribunals. For instance, 30 elections were upturned by the Tribunals in 2019 as against over 100 in a previous election. Even so, in 23 out of 30 constituencies (i.e. 76%) the elections were only set aside in some polling units and not the wholesale nullification of elections in entire constituencies.
“We have studied the judgements of the Tribunals arising from both the 2019 General Elections, the off-cycle Governorship elections and the bye-elections conducted so far. We identified areas where we need to do more to reduce litigations.
“As a result, we are witnessing increasingly less Court cases challenging the conduct of elections by the Commission. However, cases arising from the conduct of primaries for the nomination of candidates by political parties are on the increase.
“So far, we have been joined in about 600 cases relating to the conduct of recent primaries and nomination of candidates by political parties for the 2023 General Elections. Only two weeks ago, one political party served about 70 Court processes on the Commission in one day, seeking to compel us to accept the nomination or substitution of its candidates long after the deadline provided in the Timetable and Schedule of Activities for the 2023 General Elections had elapsed.
“Some of the cases will go up to the Supreme Court. The implication is that we are still dealing with issues of nomination of candidates thereby eating into vital time for preparation and procurement of sensitive materials for the elections. It also means that the Courts will be dealing with the same issues long after the General Elections.
“ I am glad that the judiciary and the Commission are once again collaborating on the eve of the forthcoming General Electiond. Let me therefore express our profound appreciation to the Chief Justice of Nigeria, Hon. Justice Olukayode Ariwoola GCON, and other heads of courts for the sustained collaboration with the Commission.
“Over the next four days, 10 papers will be presented and discussed by eminent jurists, lawyers and election experts. There will also be an interactive, experience-sharing session on pertinent issues in the determination of election disputes presided over by the Honourable President of the Court of Appeal. I have no doubt that this workshop will enhance the understanding of INEC’s processes, especially the innovations introduced pursuant to the enactment of the Electoral Act 2022, which came into force on 25th February 2022.,” he said.
Realnews reports that it is exactly 109 days to the 2023 General Elections holding in two phases: national elections; Presidential and National Assembly holding on 25th February 2023, and State elections; Governorship and State Assembly holding on 11th March 2023.
The Election will be held in 1,491 constituencies made up of 1 Presidential Constituency, 28 Governorship elections, 109 Senatorial Districts, 360 Federal Constituencies, House of Representatives, and 993 State Constituencies, State House of Assembly.
A.I
Tags: Hon. Justice Olukayode Ariwoola INEC rof. Mahmood Yakubu
