Nigeria Supreme Court Electoral Act: INEC Removes Candidates Not On Membership Register

• Lawyer Liborous Oshoma stated that INEC can remove candidates from its list without a court order.
• This applies to individuals who contested party primaries but whose names were not in the membership registers submitted to INEC.
• Oshoma clarified that this is not a retrospective application of the law.
• He added that the Supreme Court's Electoral Act judgment applies to candidates who 'jumped ship'.

The ability of INEC to remove ineligible candidates without seeking further court orders streamlines the electoral process, potentially reducing the number of post-election litigations centered on candidate qualification.

A prominent legal expert and current affairs analyst, Mr. Liborous Oshoma, has recently clarified the Independent National Electoral Commission's (INEC) authority regarding candidate eligibility. According to Oshoma, the electoral body possesses the power to unilaterally remove individuals from its official list of candidates without needing to secure any additional judicial directive. This significant power applies specifically to those persons who, despite their names not appearing in the membership registers officially submitted to INEC, proceeded to contest party primary elections.

Oshoma's commentary underscores a critical interpretation of a recent Supreme Court judgment concerning the Electoral Act, highlighting INEC's robust mandate in upholding electoral integrity. This interpretation suggests a streamlined process for addressing candidate non-compliance with foundational electoral requirements, placing a greater onus on political parties and aspirants to ensure strict adherence to established rules from the outset.

The foundation of Oshoma's assertion lies in the Supreme Court's interpretation of the Electoral Act, which mandates political parties to maintain and submit accurate membership registers to INEC. These registers serve as a crucial benchmark for determining a candidate's eligibility to participate in primary elections, acting as a verifiable record of party affiliation. The absence of a candidate's name from these officially submitted registers, despite their participation in a primary, renders their candidacy invalid under this interpretation.

Oshoma explicitly stated that this application of the law is not a retrospective measure, meaning it does not apply backward in time in a way that would be legally contentious. Instead, he clarified that the Supreme Court's judgment on the Electoral Act is directly applicable to candidates whom he characterized as having 'jumped ship' – a term used to describe individuals who contested primaries without their names being properly recorded in the party's official membership documentation. This interpretation solidifies the requirement for strict adherence to party membership protocols as a prerequisite for electoral participation, reinforcing the integrity of the primary election process.

This interpretation by Mr. Oshoma carries profound implications for the Nigerian political landscape, particularly for political parties and aspiring candidates. It reinforces the imperative for political organizations to meticulously manage their membership registers and ensure strict compliance with internal party regulations and the Electoral Act. For candidates, it serves as a stark reminder that their eligibility to contest primary elections is fundamentally tied to their verifiable status as party members, as documented in the registers submitted to INEC.

The ability of INEC to remove ineligible candidates without seeking further court orders streamlines the electoral process, potentially reducing the number of post-election litigations centered on candidate qualification. This development places a significant onus on legal practitioners advising political entities to ensure that all candidate requirements, especially concerning party membership, are rigorously met to avoid disqualification. The judgment, as interpreted, empowers INEC to act decisively, ensuring that only properly qualified individuals appear on the ballot, thereby strengthening the integrity of the electoral system and upholding the principles of the Nigeria Supreme Court Electoral Act membership register requirements.

Lawyers advising political parties or candidates must ensure strict compliance with membership register requirements for primary elections, as INEC may remove ineligible candidates without further court orders, based on this interpretation of the Supreme Court's Electoral Act judgment.

Source: Original reporting via TheNigeriaLawyer