The constitutional limits of the Independent National Electoral Commission (INEC) regarding the disqualification of candidates submitted by political parties were clarified on Sunday by two Senior Advocates of Nigeria (SANs), Dr Aiodun Layonu and Mr Francis Amobi Nzelu.
Speaking in an exclusive interview with the Nigerian Tribune on the power of the Independent National Electoral Commission (INEC) to disqualify candidates under scrutiny and the legal framework governing candidacy in Nigeria, Dr Layonu revealed that the process of becoming a candidate is strictly governed by the 1999 Constitution (as amended), the Electoral Act 2022, and INEC guidelines.
Dr Layonu insisted that INEC’s role is administrative and supervisory, adding that, ‘Once political parties conduct primaries and submit their list of candidates, the Commission is constitutionally bound to comply with valid orders from competent courts.
‘If affected aspirants challenge their nomination in court, INEC is bound to obey valid court judgments.’
Dr Layonu posited that where a court decision is appealed up to the Federal High Court or higher, INEC typically pauses final action on the contested candidacy until the judicial process is concluded.
The senior lawyer suggested that because Nigeria operates a party-based ballot system where party logos appear on ballot papers, INEC can implement court-ordered substitutions until the legal deadline before an election.
On his part, Nzelu contended that the electoral body does not have the constitutional power to delist or disqualify candidates nominated by political parties.
In his words: ‘Nigerians go to bed and wake up to a new set of laws. This issue is very straightforward.
‘If a political party has conducted primaries and nominated a candidate and forwards that name, the only conditions of removal are if the person dies or voluntarily withdraws in writing.’
The senior advocate described INEC as an umpire, not a player, questioning under which law the Commission claims powers to disqualify candidates.
For Nzelu, ‘INEC is an umpire. They cannot be game players. Under which law are they operating? I have not seen the law yet.’
The SAN, who made reference to a recent case in Abuja where INEC monitored the ANPP primaries in Anambra State, countersigned results that included candidates for Senate, House of Representatives, and House of Assembly, only for the party leadership to attempt substitution in Abuja, and maintained that INEC rightly resisted the change.
Nzelu expressed the sadness that political parties are committing blunders by attempting to arbitrarily substitute candidates who validly won primaries.
In his words: ‘Anybody who has gone through primaries as a major winner, his party returns his name, INEC countersigns, and they want to remove them, they should go to court and seek redress.
‘They should not take knives to fight the battle.’