Whether INEC Can Rely on its Own Schedule and Timetable to Refuse a Request for Substitution of Candidate by a Political Party

CASE TITLE: INEC v. NNPP (2023) LPELR-60154(SC)

JUDGMENT DATE: 10TH MARCH, 2023

PRACTICE AREA: ELECTORAL MATTERS

LEAD JUDGMENT: UWANI MUSA ABBA AJI, J.S.C.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal examines the propriety of the refusal of INEC to allow substitution of candidate by a political party because time scheduled for same has elapsed by its timetable.

FACTS:

The appeal emanated from the decision of the Court of Appeal which affirmed the judgment of the Federal High Court (trial Court).

The Respondent as Plaintiff at the trial Court vide originating summons sought for an order directing the Appellant to accept and publish the names of the Respondent’s candidates for the 2023 general elections as replacement for the names of candidates already forwarded and submitted by the Respondent but who voluntarily withdrew their candidature and resigned their membership of the Respondent. The Respondent thereafter communicated this to the Appellant and gave it notice to conduct fresh primary election as required by law. This was refused by the Appellant on the ground that the time to conduct fresh election as stipulated in the Appellant’s Timetable and Schedule of Activities for 2023 general election had elapsed and Section 33 of the Electoral Act, 2022, giving 90 days for the purpose of withdrawal and substitution was no longer available to the Respondent. This consequently shut the Respondent from replacing its candidates that have resigned and withdrawn their candidature. In approaching the Federal High Court, the Respondent sought for these reliefs:

1. A DECLARATION that by virtue of the provision of Sections 29 (1), 31 and 33 of the Electoral Act, 2022, the Defendant does not have the constitutional or statutory powers to prevent the plaintiff from replacing its candidates that voluntarily withdrew their candidature for the 2023 general election.

2. A DECLARATION that the Independent National Electoral Commission’s Timetable and Schedule of Activities for 2023 General Election does not supersede the Electoral Act, 2022.

3. A DECLARATION that by virtue of Sections 65(2) (b), 106 (d), 177(c) and 187(1) & (2) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), the defendant cannot recognize candidates who have withdrawn their membership of the plaintiff as plaintiff’s candidates for the 2023 general election.

4. AN ORDER directing the defendant to allow the plaintiff submit the names of all the candidates it has replaced with those who voluntarily withdrew their candidature for the 2023 general election.

5. AN ORDER directing the defendant to accept and publish the names of all the candidates forwarded by the plaintiff for replacement as the plaintiff’s candidates for the 2023 general election.

Both the trial Court and Court of Appeal concurrently decided against the Appellant, hence this appeal to the Supreme Court.

ISSUES:

The appeal was determined on the following issues:

1. Whether or not the suit filed by the Respondent can be said to be statute barred, and if so, whether the defence of statute of limitation will avail the Appellant.

2. Whether or not in the light of abundantly established evidence of due compliance with the Electoral Act, 2022, the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and the laid down procedure for the conduct of primary election for the 2023 General Election by the Respondent and duly evaluated by the lower Courts, the Apex Court can disturb the judgment concurrently reached by the trial Court and the Court below.

DECISION/HELD:

In the final analysis, the appeal was dismissed.

RATIOS:

• ELECTORAL MATTERS – INDEPENDENT NATIONAL ELECTORAL COMMISSION: Whether INEC can rely on its own schedule and timetable to refuse a request for substitution of candidate by a political party properly brought under the Electoral Act
• ELECTORAL MATTERS – INDEPENDENT NATIONAL ELECTORAL COMMISSION: Whether the directives/guidelines/regulations of INEC on submission/withdrawal/substitution of names of candidates sponsored by political parties can override the Electoral Act and the Constitution
• ELECTORAL MATTERS – INDEPENDENT NATIONAL ELECTORAL COMMISSION: Power of the Independent National Electoral Commission to issue regulations, guidelines or manuals; whether the operation of such regulations, guidelines and/or manuals is subject to the provisions of the Electoral Act