URGENT NEED FOR THE AMENDMENT OF SECTION 135 (1) OF THE ELECTORAL ACT 2022

Abstract

There are some sections of the Electoral Act 2022 that ought to be amended to guarantee free and fair elections in Nigeria. Such section includes section 135(1) of the Election Act 2022 which provides that an election shall not be liable to be invalidated by reason of non – compliance with the provisions of this Act if it appears to the Election Tribunal or Court that the election was conducted substantially in accordance with the principle of this Act and that the non – compliance did not affect substantially the result of the election. This provision forms the statutory basis for the doctrine of substantial compliance in Nigeria. This section has given the Election Tribunal or Court the power to decide whether the non – compliance has affected substantially the result of the election. Laws are meant to be obeyed. This particular section of the Electoral Act 2022 encourages our politicians to break some sections of the Electoral Act 2022 knowing full well that at the end of the day the Election Tribunal or Court would overlook the irregularities and/or the breaches taking into consideration the cost of organizing fresh election and its effect on the political landscape of the country. This section emphasizes that the Election Tribunal or Court must look at the overall effect of non-compliance before annulling an election. There is nowhere in the Electoral Act where the doctrine of substantial compliance was defined and as a result has presented several problems and challenges, particularly in the context of determining what constitutes ‘substantial’ non-compliance. These challenges often involve judicial discretion, inconsistent interpretations, and potential for abuse. By this section, the judiciary has usurped the sovereign powers of the people of Nigeria. It has eroded the constitutional powers of the citizens of the Federal Republic of Nigeria as it relates to sovereignty belonging to the people of Nigeria. In this article, the writer is making a case for the amendment of section 135(1) of the Election Act 2022 as it infringes on the right of the people to freely decide on who should represent them.