The Independent National Electoral Commission (INEC) says it was faced with more than 1,000 pre-election litigations in the build-up to the 2023 general election.
INEC Director, Legal Drafting and Clearance, Mrs Oluwatoyin Babalola, said this in a presentation at a two-day capacity workshop for journalists in Akwanga Nasarawa State.
The presentation was titled “Effects of litigation on INEC’s preparations for Kogi, Imo, And Bayelsa Governorship Election.”
Babalola said the pre-election litigations were borne out of primaries conducted by political parties, substitution of candidates and failure of parties to adhere to their constitution and timetable for the conduct of the election.
Pre-election litigation are matters which the cause of action arose before the conduct of election proper, as provided for in Section 285(14) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
She said that most of the cases were borne out lack of internal party democracy where political parties failed to adhere to their constitutions and guidelines.
Babalola said that the unique nature of pre-election matters could not be overlooked as judgments in that regard were capable of negatively impacting on planning, logistics, funding and certainty of participants in the conduct of election.
She said that those judgments were sometimes delivered on the eve of election thereby prohibiting INEC from conducting election into certain positions, replacing candidates after printing of ballot papers, etc.
This, according to her, in turn affected logistics and caused an eventual colossal waste of resources.
“Beyond the impact of pre-election matters on preparation for election, the commission is sometimes ordered to withdraw certificate of return issued to a candidate who emerged winner and issue fresh certificate of return to a judgment creditor.
“After the 2019 general elections, the commission was ordered to issue 94 certificates of return in pre- election matters.
Babalola added that INEC had to withdraw seven Certificates of Return earlier issued and reissued same pursuant to court orders in the 2023 general election.
She listed them to include Amuwo Odofin II State Constituency of Lagos State, Kontagora 1 State Constituency of Niger, Mashi/Dutsi Federal Constituency of Katsina State, Akwanga North State Constituency of Nasarawa State, Akoko South East/South West Federal Constituency of Ondo State, Fika/Ngalda State Constituency and Goya Ngeji State Constituency of Yobe.
Talking about Bayelsa, Imo, and Kogi, governorship election Babalola said INEC was still battling with some pre-election matters.
The director said that over 11 pre-election matters were filed in respect of the elections after the publication of final list of candidates for these elections on June 9.
She said that INEC had been served with Orders of the Federal High Court sitting in Abuja ordering the commission to replace the NNPP Governorship candidate and the APGA Deputy Governorship candidate for Kogi.
She added that the Federal High Court, Owerri judicial division amongst others also ordered INEC to include the name of the PRP governorship candidate in the list of nominated candidates published on INEC website which as made on May 12.