By Jude Opara, Abuja

Ahead of the 2023 general elections, the Independent National Electoral Commission (INEC) has urged the judiciary to ensure that Nigerians were not disappointed with their actions, especially with regards to pre and post election litigations.

INEC Chairman, Prof.

Yakubu noted that while politicians by the nature of their interest are always partisan, both INEC and the judges must ensure that they were neutral in all their activities.

“The job of the politician is intensely partisan. Our work (the judiciary and INEC) requires absolute neutrality.

The INEC boss further noted that the import of the workshop is to sensitize the judges on what is expected of them adding that similar exercises in previous elections to a great extent reduces the number of post election litigations.

He said it is gratifying that the judiciary and the Commission are collaborating to ensure that the forthcoming general elections were conducted in line with the letters of the Electoral Act 2022.

“Some of you here may recall that prior to the 2019 General Election, a similar workshop was held in which the Commission interacted with the judiciary on the adjudication of post-election disputes.  The workshop in no small measure led to a better appreciation of the electoral processes, reduction in the spate of conflicting judgements as well as consequential reduction in the number of elections nullified and/or overturned after the election. I am glad that the judiciary and the Commission are once again collaborating on the eve of the forthcoming General Election. Let me therefore express our profound appreciation to the Chief Justice of Nigeria, Hon. Justice Olukayode Ariwoola GCON, and other heads of courts for the sustained collaboration with the Commission.

 “I have no doubt that this workshop will enhance the understanding of INEC’s processes, especially the innovations introduced pursuant to the enactment of the Electoral Act 2022 which came into force on 25th February 2022.

“The new Electoral Act contains 80 new provisions intended to improve our elections and address some of the lacunae in the repealed Electoral Act 2010 (as amended), provide legal backing to the technological innovations introduced by the Commission overtime and the extension of timelines for the nomination of candidates and for other electoral activities. Similarly, the new Electoral Act confers exclusive jurisdiction to hear pre-election cases on the Federal High Court with regard to candidate nomination in order to reduce forum shopping by litigants, abuse of court process and reduction in the spate of conflicting judgements by courts of coordinate jurisdiction. We are reassured by the inspiring speech by My Lord the President of the Court of Appeal for the elaborate steps taken against conflicting judgement by Courts of coordinate jurisdiction”.

Yakubu particularly noted that a similar workshop organized ahead of the 2019 general election ensured a sharp reduction in the number of cases arising from that election and consequently a reduced number of elections nullified by the Election Petition Tribunals, comparing with the 2015 exercise.

“For instance, 30 elections were upturned by the Tribunals in 2019 as against over 100 in a previous election. Even so, in 23 out of 30 constituencies (i.e. 76%) the elections were only set aside in some polling units and not the wholesale nullification of elections in entire constituencies.

“We have studied the judgements of the Tribunals arising from both the 2019 General Election, the off-cycle Governorship elections and the bye-elections conducted so far. We identified areas where we need to do more to reduce litigations. As a result, we are witnessing increasingly less Court cases challenging the conduct of elections by the Commission”.

However, the Chief Electoral Umpire regretted that cases arising from the conduct of primaries for the nomination of candidates by political parties is on the increase, with about 600 cases relating to the conduct of recent primaries and nomination of candidates by political parties for the 2023 General Election.

“Only two weeks ago, one political party served about 70 Court processes on the Commission in one day seeking to compel us to accept the nomination or substitution of its candidates long after the deadline provided in the Timetable and Schedule of Activities for the 2023 General Election had elapsed. Some of the cases will go up to the Supreme Court. The implication is that we are still dealing with issues of nomination of candidates thereby eating into vital rime for preparation of and procurement of sensitive materials for the materials. It also means that the Courts will be dealing with the same issues long after the General Election”.

Yakubu also reassured the judiciary that INEC will continue to abide by Court orders, even as he appealed against the issuance of conflicting and even frivolous court orders by some judges.