The Powers of Judicial Intervention in the Nomination of Candidates for Elections under the Nigerian Electoral Act, 2010 (as amended): A Critique

Abstract

From the evolutionary days of Nigeria’s democratic experience till date the issues of nomination and sponsorship of candidates in elections into public offices by political parties have always been contentious. This stems from the fact that our Constitutions have leaned against independent candidacy in elections conducted under them. The process of nomination and sponsorship of candidates by political parties in Nigeria have witnessed much abuse because of the obviously weak statutory regulatory framework that existed for the exercise. It was the Electoral Act, 2010 (as amended) that created for aggrieved aspirants the right to seek redress in court and vested jurisdiction in the courts for the first time to inquire into the process of nomination of candidates by political parties with a view to ascertaining whether the exercise was done in compliance with the provisions of the relevant laws. Recent decisions of the courts on these issues, however, leaves one in doubt as to whether the implications of the present provisions of the Electoral Act, 2010 (as amended) on those issues have been fully appreciated in the judicial circles. It is the intendment of this work to analyse the existing statutes and case law on this subject with a view to securing a better appreciation of the purport of the provisions of the present statutes.