A Senior Advocate of Nigeria, Dr. Monday Ubani, has expressed concerns over a reported directive by a House of Representatives committee asking the Independent National Electoral Commission (INEC) to disqualify candidates whose names have already been published. Ubani questioned the legal basis of the directive, citing the need for the controversy to be determined by the Electoral Act and the Supreme Court judgment in INEC v Zenith Labour Party (ZLP).
The Supreme Court, in its September 24 judgment, upheld the validity of sections 77(5), 77(6), 77(7), and 84(2) of the Electoral Act 2026, after setting aside the Court of Appeal decision that had invalidated the provisions. However, Ubani argues that the ruling did not amount to a blanket order directing INEC to disqualify individual candidates whose names had already been published.
Ubani questioned whether the House committee could use a letter to expand the effect of the Supreme Court judgment or confer additional powers on INEC. He emphasized that a committee letter cannot amend the Electoral Act, create a new power of disqualification, or enlarge the orders of the Supreme Court.
According to Ubani, any decision affecting the eligibility of individual candidates must have a legal basis and fall within powers conferred on INEC by electoral law. He maintained that the Supreme Court did not order INEC to disqualify candidates, and therefore, a House Committee cannot attempt to achieve that through a letter.
In a separate analysis, Ubani argued that the Supreme Court distinguished between the statutory eligibility of a political party to field a candidate and the personal qualification or disqualification of an individual candidate. This distinction has significant implications for how INEC implements the judgment ahead of the 2027 general elections.
The dispute has intensified debate over how INEC should implement the judgment, particularly in cases involving candidates whose names have already been published. As the 2027 general elections approach, INEC faces the challenge of balancing its obligations under the Electoral Act with the need to respect the rights of candidates and political parties.
The controversy highlights the need for clarity on the powers of INEC and the role of the legislature in electoral matters. Ultimately, the resolution of this dispute will have far-reaching implications for Nigeria's electoral process and the 2027 general elections.
Key points
- Dr. Monday Ubani questions the legal basis of a House of Representatives committee directive to INEC.
- The Supreme Court upheld the validity of sections of the Electoral Act 2026.
- The dispute has intensified debate over how INEC should implement the judgment ahead of the 2027 general elections.
