INEC records 1, 000 pre-election litigations in 2023 poll
The Independent National Electoral Commission (INEC) says it was faced with over 1,000 pre-election litigations in the build-up to the 2023 general election.
INEC Director, Legal Drafting and Clearance, Mrs. Oluwatoyin Babalola, said this in a presentation at a two-day capacity workshop for journalists in Akwanga, Nasarawa State.
The presentation was titled “Effects of litigation on INEC’s preparations for the Kogi, Imo, and Bayelsa Governorship Elections.”
Babalola said the pre-election litigation was borne out of primaries conducted by political parties, the substitution of candidates, and the failure of parties to adhere to their constitution and timetable for the conduct of the election.
Pre-election litigation is a matter in which the cause of action 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 that most of the cases were borne out of a lack of internal party democracy, where political parties failed to adhere to their constitutions and guidelines.
Babalola said that the unique nature of pre-election matters could not be overlooked, as judgements in that regard were capable of negatively impacting the planning, logistics, funding, and certainty of participants in the conduct of the election.
She said that those judgements were sometimes delivered on the eve of elections, thereby prohibiting INEC from conducting election into certain positions, replacing candidates after printing of ballot papers, etc.
This, according to her, in turn affected logistics and caused an eventual colossal waste of resources.
“Beyond the impact of pre-election matters on preparation for the election, the commission is sometimes ordered to withdraw a certificate of return issued to a candidate who emerged as the winner and issue a fresh certificate of return to a judgement creditor.
“After the 2019 general elections, the commission was ordered to issue 94 certificates of return in pre-election matters.
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.
She listed them to include Amuwo Odofin II State Constituency of Lagos State, Kontagora 1 State Constituency of Niger, Mashi/Dutsi Federal Constituency of Katsina State, Akwanga North State Constituency of Nasarawa State, Akoko South East/South West Federal Constituency of Ondo State, Fika/Ngalda State Constituency, and Goya Ngeji State Constituency of Yobe.
Talking about Bayelsa, Imo, and Kogi governorship elections, Babalola said INEC was still battling with some pre-election matters.
The director said that over 11 pre-election matters were filed in respect of the elections after the publication of the final list of candidates for these elections on June 9.
She said that INEC had been served with orders from the Federal High Court sitting in Abuja ordering the commission to replace the NNPP governorship candidate and the APGA deputy governorship candidate for Kogi.
She added that the Federal High Court, Owerri judicial division, among others, also ordered INEC to include the name of the PRP governorship candidate in the list of nominated candidates published on the INEC website, which was made on May 12.
“In another matter, the Federal High Court in Suit No. 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 judgements 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 Sept. 26.
“The orders as they relate to candidates will impact the production of Form EC8E (Declaration of Results),” she said.
Babalola added, “It is worthy of note that the Commission is bound to comply with the decisions of courts as stipulated in Section 287 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
“The above-cited judgement on PRP will necessitate the reproduction of ballot papers in Imo State, having regard to the fact that ballot papers and result sheets are customised.“
She stated that other impacts of litigation on the preparation for the three governorship elections include uncertainty about candidates and parties participating in the election.
Others were colossal waste of public funds and resources; waste of manpower; and a tendency to create confusion among the media and electorate.
To reduce pre-election cases and their impact on the electoral process, Babalola suggested adherence by political parties to the principles of internal party democracy.
She also called for compliance with timelines in the timetable and schedule of activities for elections by political parties.
“Proposal for constitutional amendment to reduce the timelines for hearing and determination of pre-election matters
“Proposal for a variant of the provision of Section 138 of the Electoral Act, to the effect that persons elected shall remain in office until the final determination of any appeal in pre-election matters, except where there is no appeal against the decision of the trial court.
“Amendments to the Electoral Act, 2022, to accommodate new developments in the electoral process
“More training and collaboration with the judiciary on the commission’s processes, she said.
