Judicial panel urges INEC to abide by constitution, Electoral Act

With the 2027 general elections drawing closer, the Independent Judicial Accountability Panel (IJAP) has urged the Independent National Electoral Commission (INEC) to strictly adhere to the Constitution and the Electoral Act to strengthen public trust in the electoral process.

The panel, chaired by retired Court of Appeal Justice Adekunle Owoade, made the call in Abuja during a press briefing at the close of its third session of the Citizen-Led Engagement on Judicial Accountability in Post-Election Justice Delivery in Nigeria (CLEAP-Act), supported by ActionAid Nigeria.

Reading the panel’s recommendations, Justice Owoade cited the controversial case involving the All Progressives Congress (APC), Bashir Sheriff Machina, Senate President Ahmed Lawan, and INEC.

He noted that the Supreme Court, in its ruling, dwelt more on technicalities than on substantial justice.

According to the panel, INEC’s decision to substitute Machina was questionable since the Electoral Act 2022 provides only death or withdrawal as valid grounds for substitution under Section 33.

IJAP therefore advised INEC to strictly comply with the law on candidate nomination to avoid eroding public confidence.

On the Osun governorship dispute between Governor Ademola Adeleke and former Governor Gboyega Oyetola, IJAP stressed that INEC’s backend database cannot serve as sole proof of accreditation or over-voting, warning that constitutional powers should not be used to achieve “unconditional results.”

Similarly, while reviewing the case between Gbadebo Rhodes-Vivour and Lagos State Governor Babajide Sanwo-Olu, the panel urged courts to issue firm, explicit, and consistent rulings on constitutional and electoral provisions to guide future elections.

The panel also raised concerns about the declaration of emergency rule in Rivers State, faulting the National Assembly’s reliance on a voice vote instead of a roll call to establish the required two-thirds majority, as provided under Section 305(6)(b) of the Constitution.

It further recommended that INEC should not automatically be made a statutory respondent in election petitions.

The panel also said INEC’s regulations and guidelines should be separated into distinct documents and gazetted independently.

It stressed that the front-loading of witness statements should not extend to subpoenaed witnesses, and that political party primaries must strictly comply with INEC regulations, with any violation rendering the exercise invalid.

The panel concluded that prioritizing substantial justice over technicalities is essential for restoring credibility to Nigeria’s electoral and judicial systems.

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