The Independent National Electoral Commission (INEC) reported grappling with over 1,000 pre-election litigations leading up to the 2023 general election.
During a presentation at a two-day workshop in Akwanga, Nasarawa State, INEC’s Director of Legal Drafting and Clearance, Mrs. Oluwatoyin Babalola, addressed the issue, titled “Effects of Litigation on INECβs Preparations for Kogi, Imo, And Bayelsa Governorship Election.
Babalola attributed these pre-election litigations to disputes arising from political party primaries, candidate substitutions, and parties failing to adhere to their internal rules and election schedules.
Pre-election litigation pertains to cases where the legal cause of action occurred before the actual election, as defined in Section 285(14) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
She emphasized that many of these cases stemmed from a lack of internal party democracy, where political parties didn’t adhere to their own rules and guidelines.
The unique nature of pre-election matters couldn’t be underestimated, as judgments in these cases could significantly disrupt planning, logistics, funding, and the confidence of election participants.
Furthermore, Babalola highlighted that judgments in pre-election matters could sometimes be delivered just before the election, preventing INEC from conducting elections for certain positions and necessitating the replacement of candidates after the printing of ballot papers, among other challenges.
She mentioned that, following the 2019 general elections, INEC was ordered to issue 94 certificates of return in pre-election matters.
Additionally, INEC had to withdraw seven certificates of return that were previously issued and reissue them in compliance with court orders during the 2023 general election.
