Effects of Pre-Election Matters on Independent National Electoral Commission’s Preparation for Election: A Case for Legal Reform
- October 24, 2019
- Posted by: RSIS
- Categories: IJRISS, Law, Social Science
International Journal of Research and Innovation in Social Science (IJRISS) | Volume III, Issue X, October 2019 | ISSN 2454–6186
Hawa Ajanigo Ocheni
Legal Counsel, Westwood Law
Abstract:- “Before every general election is concluded in Nigeria, Political Parties are expected to conduct internal preliminary elections to choose candidates that would represent the party in the general election which often lead to issues of qualification, disqualification, nomination, substitution and sponsorship of candidates for an election proceeding the general election”
I. INTRODUCTION
Election litigation is bound to occur in an electoral process. While the Independent National Electoral Commission (hereafter “the commission”) is saddled with the constitutional responsibility to handle elections, the judiciary takes responsibility for entertaining disputes arising from the process. Consequently, there has to be a smooth synergy between the judiciary and election management body for a smooth electoral process and continued consolidation of our democracy.
Over the years, pre-election matters have posed serious challenges to the commission’s preparation for general elections. The pre-election matter stretches well into the time for elections there by hindering preparation for the elections. This article is geared towards providing the legal solution to this raging problem that affects our nascent democracy. In the course of this article, the meaning of pre-election matter, the court with the requisite jurisdiction to entertain pre-election matters, what the courts must do to dispose of pre-election matters timeously and the role of the commission. The time frame for filing & disposing of pre-election matters, time frame for the submission of candidates name, conditions for acceptance of such candidate, the commission’s decision for accepting and rejecting candidates presented and parties rights would be considered and the current position of the law on the subject matter and then conclusions and recommendations.
