The Independent National Electoral Commission (INEC) has reported that it had to contend with more than 1,000 pre-election litigations in the lead-up to the 2023 general election. Mrs. Oluwatoyin Babalola, INEC’s Director of Legal Drafting and Clearance, revealed this during a presentation at a two-day capacity workshop for journalists in Nasarawa State.
Babalola explained that the pre-election litigations stemmed from issues related to political party primaries, candidate substitutions, and the failure of parties to adhere to their constitution and election timetable. Most of these cases were a result of a lack of internal party democracy and a failure to adhere to party guidelines.
The unique nature of pre-election matters is that they can have a significant impact on planning, logistics, funding, and the certainty of participants in the electoral process. These judgments can be delivered on the eve of the election, affecting logistics and causing a waste of resources.
Babalola pointed out that, after the 2019 general elections, INEC was ordered to issue 94 certificates of return in pre-election matters. She also mentioned that INEC had to withdraw seven Certificates of Return previously issued and reissue them pursuant to court orders in the 2023 general election.
To address the challenges posed by pre-election matters, INEC is exploring several measures, including amendments to the Electoral Act, reducing the timelines for hearing and determination of pre-election matters, and ensuring compliance with internal party democracy and election timetables. Collaboration with the judiciary and more training for the electoral commission’s processes are also being considered.