EXAMINING THE COMPETENCE OF POLITICAL OR PUBLIC OFFICE HOLDERS AS PARTY AGENTS IN GENERAL ELECTIONS AND AS WITNESSES IN ELECTION PETITION LITIGATION

Abstract

It has been the practice of political parties in appointing persons holding political or public offices to act as polling agents in elections. This conduct appears to contravene the provisions of the Electoral Act 2010 and the guidelines for the conduct of elections made pursuant thereto. The courts however seem to have developed a cold attitude towards the strict enforcement of compliance with the said provisions having regard to other provisions of law. This posture of the courts constitutes the basis of this research and calls to question whether the relevant provisions of the Electoral Act 2010 (as amended) and guidelines are merely salutary or have the force of law and therefore enforceable? This research aims to critically examine the reasons stemming the posture of the courts in respect of the enforcement of the said provisions through case law. The paper will also comparatively examine the provisions of other statutes on the subject together with opinions of experts in the field as well as research papers. The paper will address and expound on the enforceability of the relevant provisions, thereby giving political parties, legal practitioners, the courts, and other stakeholders the need to strictly comply with the said provisions.