The Independent National Electoral Commission (INEC) revealed that it grappled with more than 1,000 pre-election litigations in the lead-up to the 2023 general election. Mrs. Oluwatoyin Babalola, the Director of Legal Drafting and Clearance at INEC, disclosed this information during a presentation at a two-day capacity workshop for journalists held in Akwanga, Nasarawa State.
The presentation, titled “Effects of Litigation on INEC’s Preparations for Kogi, Imo, And Bayelsa Governorship Election,” shed light on the challenges arising from pre-election litigations. Babalola explained that these litigations stemmed from issues such as political parties’ primaries, substitution of candidates, and the failure of parties to adhere to their constitution and timetable for conducting elections.
Pre-election litigations, defined as matters where the cause of action arose before the actual election, were a significant concern for INEC. According to Babalola, the cases often resulted from a lack of internal party democracy, where political parties did not follow their constitutions and guidelines.
Babalola emphasized the unique nature of pre-election matters, underscoring their potential to adversely affect planning, logistics, funding, and the certainty of participants in the election process. She noted that judgments in pre-election matters could be delivered on the eve of the election, preventing INEC from conducting elections for specific positions and necessitating last-minute changes, such as replacing candidates after the printing of ballot papers.
Highlighting the repercussions, she stated, “Beyond the impact of pre-election matters on preparation for election, the commission is sometimes ordered to withdraw the certificate of return issued to a candidate who emerged winner and issue a fresh certificate of return to a judgment creditor. After the 2019 general elections, the commission was ordered to issue 94 certificates of return in pre-election matters.”
Babalola further revealed that INEC had to withdraw seven Certificates of Return earlier issued and reissue them based on court orders during the 2023 general election.
