The Supreme Court of Nigeria has reaffirmed the Independent National Electoral Commission's (INEC) role in the electoral process, emphasizing that the commission has the constitutional power to organize, undertake, and supervise elections. In a recent judgment, the court upheld the provision of the Electoral Act requiring political parties to submit their membership registers 21 days before conducting primaries. This decision has significant implications for the country's electoral process and the internal workings of political parties.
Senior Advocate of Nigeria, Oba Maduabuchi, has weighed in on the judgment, arguing that it is in line with the provisions of the Constitution. According to him, INEC's mandate to demand membership registers from political parties does not amount to interference in their internal affairs. Maduabuchi emphasized that the commission's role is to ensure that the electoral process is transparent and accountable, and that the submission of membership registers is a necessary step towards achieving this goal.
The Supreme Court's judgment was given in relation to a case involving the Zenith Labour Party and Section 77, sub (5)(6)(7) of the Electoral Act, as well as Section 84(2) of the same Act. The Court of Appeal had previously declared these sections unconstitutional, but the Supreme Court has now affirmed their legality. The judgment has been hailed as a significant step towards strengthening INEC's role in the electoral process and ensuring the integrity of elections in Nigeria.
One of the key implications of the judgment is that it may affect the candidacy of certain individuals who have already been nominated by their parties. According to Maduabuchi, the judgment takes effect from the date the suit was filed, and its impact will depend on the specific circumstances of each case. He noted that the court did not determine who is a member of a political party, but rather emphasized the need for transparency and accountability in the electoral process.
The judgment has also raised concerns about the potential strain on the internal workings of political parties. Some have argued that the 21-day declaration period may be too short, particularly for parties with large membership bases. However, Maduabuchi disagrees, arguing that the period is reasonable and necessary to ensure the integrity of the electoral process.
The Supreme Court's decision has been seen as a significant shift in the balance of power between INEC and political parties. Historically, the court has been reluctant to interfere in the internal affairs of political parties, but this judgment suggests a more interventionist approach. Maduabuchi argues that this approach is necessary to ensure that the electoral process is transparent and accountable, and that INEC has the constitutional mandate to enforce this.
The judgment is also expected to have far-reaching consequences for Nigerian politics, particularly in the run-up to future elections. As the country prepares for another electoral cycle, the Supreme Court's decision has provided clarity on the role of INEC and the obligations of political parties. Ultimately, the judgment aims to promote transparency, accountability, and fairness in the electoral process, and to ensure that the will of the people is reflected in the outcome of elections.
Key points
- The Supreme Court has upheld INEC's mandate to demand membership registers from political parties 21 days before primaries.
- The judgment takes effect from the date the suit was filed and may affect the candidacy of certain individuals.
- The decision aims to promote transparency, accountability, and fairness in the electoral process.
