Over a thousand pre-election lawsuits were filed against the Independent National Electoral Commission (INEC), according to INEC, in the run-up to the general election of 2023.
During a presentation at a two-day training for journalists in Akwanga, Nasarawa State, Mrs. Oluwatoyin Babalola, Director of INEC’s Legal Drafting and Clearance Division, made this statement.
The talk’s title was “Effects of Litigation on INEC’s Preparations for Kogi, Imo, and Bayelsa Governorship Election.”
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Babalola said that political parties’ primaries, the substitution of candidates, and the failure of the parties to uphold their party constitutions and schedules for the conduct of the election were the causes of the pre-election lawsuits.
According to Section 285(14) of the Federal Republic of Nigeria, 1999 (as amended) Constitution, cases that are pre-election litigation are those in which the cause of action began prior to the holding of the election itself.
According to her, the majority of cases were the result of political parties not upholding their own rules and constitutions due to a lack of internal party democracy.
According to Babalola, it was important to acknowledge the special circumstances surrounding pre-election issues since decisions in that area might have a detrimental effect on the preparations for the election, the difficulties of conducting them, the availability of funds, and the confidence of participants.
According to her, these rulings were occasionally made right before an election, preventing INEC, among other things, from holding elections for particular seats or changing candidates once ballots had been printed.
“Outside of the effects of pre-election matters on election preparation, the commission is occasionally required to remove the certificate of return issued to a candidate who won and issue a new certificate of return to a judgement creditor.
She explained, “The commission was directed to issue 94 certificates of return in pre-election proceedings after the 2019 general elections.
As a result of court orders, Babalola further stated that INEC will have to reprint seven previously issued Certificates of Return for the general election of 2023.
