Stick To “Stare Decisis” -INEC Tells Judiciary
Princess-Ekwi Ajide Abuja
The Electoral Act 2022 which came into force on 25th February 2022 confers exclusive jurisdiction on the Federal High Court to hear pre-election cases with regard to candidate nomination in order to reduce forum shopping by litigants, abuse of court process and reduction in the spate of conflicting judgments by courts of coordinate jurisdiction.
The new Electoral Act contains 80 new provisions intended to improve Nigeria’s elections and address some of the lacunae in the repealed Electoral Act 2010 (as amended), provide legal backing to the technological innovations introduced by the Independent National Electoral Commission,INEC overtime and the extension of timelines for the nomination of candidates and for other electoral activities
In a bid to enhance the understanding of INEC’s processes, especially the innovations introduced pursuant to the enactment of the Electoral Act 2022, there have been trainings and retrainings for stakeholders in the various aspects of electioneering and democratic spheres of the nation ahead of the 2023 general election.
In spite of this, INEC says it has been joined in about six hundred cases relating to the conduct of recent primaries and nomination of candidates by political parties for the 2023 General Election.
Speaking at the ongoing capacity building workshop for Justices of Court of Appeal and Members of the Election Petition Tribunals in Abuja, the Chairman of INEC, Professor Mahmood Yakubu, said as a result of a similar workshop ahead of the 2019 General Election, they identified areas where there was need to do more to reduce litigations hence there are increasingly less Court cases challenging the conduct of elections by the Commission but more cases arising from the conduct of primaries for the nomination of candidates by political parties.
He decried the attitude of political parties that try to compel the commission through court processes to accept the nomination or substitution of its candidates long after the deadline provided in the Timetable and Schedule of Activities for the 2023 General Election had elapsed which he says will eat into vital time for preparation of and procurement of sensitive materials for the election.
Professor Mahmood, reassured the judiciary that the Commission will continue to abide by Court orders but urged them to adhere strictly to “stare decisis” as it is critical for them as an election management body.
Stare Decisis is a situation where a trial court seeks to vary the judgement of the Supreme Court by ordering the Commission to issue a Certificate of Return in favour of a candidate whose emergence during the party’s primary election has been nullified by the apex Court (and affirmed by the same Court following an application for clarification)
Other stakeholders at the event, including the European Union Deputy Head of Mission, Mr. Alexandre Berges Gomes, the Country Director Nigeria, IFES, Seray Jah, the Executive Director PLAC, Clement Nwankwo, among others emphasized the important role of the judiciary to elections and democracy.
