Former lawmakers and political leaders in Nigeria have warned the Independent National Electoral Commission (INEC) to be cautious when exercising its discretionary powers to disqualify candidates nominated by political parties for elections. They expressed concern over INEC's recent decision to disqualify some candidates from the final list of governorship candidates. Senator Kola Balogun, a chieftain of the All Progressives Congress (APC), and other prominent leaders, including Honourable Abdullahi Bello, Umar Sani, and Alhaji Rahman Owokoniran, have spoken out on the issue.
According to Senator Balogun, INEC does not have the power to disqualify a candidate duly nominated by a political party, as this is a judicial function. He cited the 1999 Constitution, the Electoral Act, and court rulings to support his position. Balogun stated that INEC's powers are limited to organizing, undertaking, and supervising elections, and that it cannot determine whether a candidate is qualified except in cases where a political party fails to comply with the Electoral Act.
Honourable Abdullahi Bello, a former Speaker of the Kogi State House of Assembly, also emphasized that INEC does not have the power to disqualify a candidate submitted by a political party for election. He pointed to Sections 66, 107, 137, and 182 of the 1999 Constitution, which outline the conditions under which a candidate can be disqualified for election. Bello noted that these sections do not grant INEC the power of disqualification.
Alhaji Rahman Owokoniran, the African Democratic Congress (ADC) South-West Zonal Chairman, cautioned that no party should be ambushed over who should be its candidate once they satisfy the provisions of the laws. He expressed concern that the electoral laws are often based on the suitability of the ruling party, rather than the Nigerian Constitution. Owokoniran emphasized that the Constitution grants participation in elections to all citizens who meet its requirements.
Umar Sani, a Peoples Democratic Party (PDP) national leader, noted that INEC's power to regulate its administrative processes through regulations and guidelines should not be construed as an unfettered authority to disqualify or exclude a candidate duly nominated and submitted by their political party. He warned that INEC should not assume powers of disqualification beyond those expressly conferred on it by law.
The caution from these former lawmakers and political leaders comes after INEC disqualified some candidates, including Honourable Ladi Adebutu, the PDP governorship candidate in Ogun State. They argued that INEC's reliance on its administrative guidelines to disqualify candidates is not supported by the law. The leaders emphasized that only the courts are empowered to disqualify candidates, and that INEC's actions could undermine democratic principles and governance in Nigeria.
The issue has sparked concerns about the limits of INEC's powers and the potential impact on Nigeria's democratic process. The leaders urged INEC to exercise restraint and ensure that its actions are strictly within the confines of the Constitution and the Electoral Act. They emphasized that the commission's role is to regulate electoral processes, not to determine who is legally entitled to contest an election.
Key points
- INEC's powers are limited to organizing, undertaking, and supervising elections.
- Only the courts are empowered to disqualify candidates.
- INEC's actions could undermine democratic principles and governance in Nigeria.
