ELECTION LAW

Election law is the political law and the law of politics, thus it pertains to the regulations put in place for the ascertainment of choice of those would rule and run the elective office system of the government.

The representation of the will of the electorate is fundamental to the determination of the validity of an election or electoral process. In the Court of Appeal decision in DR ENEMUO V. CHIEF DURU&ORS (2006) FWLR(PT304)508@541-2 it was held that it is an important aspect of  the democratic dispensation and cannot be sacrificed at any other instance, that is unrepresentative of what the will of the majority is.

In Nigeria all elections are two tier with the other election being commenced in the election Tribunal and termination in the Court of Appeal by virtue of the provision of Section 246(3) of the 1999 Constitution FRN while the election petition in respect of the presidential election commences in the court of Appeal pursuant to the original jurisdiction conferred on it by virtue of section 239(1a)CFRN 1999 and terminates in the supreme court pursuant to the appellate jurisdiction in 233(2e)CFRN 1999.

Election as understood in the electoral process in Nigeria pertains to the choice of people to fill specified public office which involves voting. An election is envisaged by Section 130 of the 1999 CFRN must be such as conducted by an independent body and conducted by free citizen with the mandate of Nigerians to give them a leader. CHIEF OJUKWU V.CHIEF OBASANJO (2003)FWLR PT 182.

AUTONOMY OF POLITICAL PARTIES ON THEIR INTERNAL AFFAIRS

Section 6 of the 1999 CFRN on inherent powers of the court cannot be utilised to construe jurisdiction of court to run and manage political parties and politicians. The internal affairs of political parties are exclusive to parties and therefore not within the competence of the court to determine BASHIR DALHATU V. IBRAHIM TURAKI & ORS (2003) 7 SC 1 165, political parties have the right to act freely. This is also the position in intra-party disputes as disputes between members and party on the other hand is purely an intra party affairs. PDP V. KWARA STATE INDEPENDENT ELECTORAL COMMISSION (2006)FWLR.

The power to scheduling an election in election act is to process registration of voters and to enable smooth conduct of election however this provision is subject to the supremacy of Section 78 CFRN 1999, providing that registration and conduct of election shall be subject to the direction and supervision of Independent Electoral Commission.

The power to recognise a political party and be as member has no spelt out condition neither does it have restriction as to who can be a member except for those in section 222 and 223 of the CFRN ,recognition of a political party is the fact of acceptance of the existence of an association eligible to function as a political party while registration is the recording and certification of the fact to enable the party come within the regulatory and monitoring powers of the electoral commission.

There is also no restriction as to who can be a member of a political party, nothing is prohibiting a member of public service or civil service from eligibility to be registered as a member of a political party since there is nothing reasonably justifiable in a democratic society in the interest of defence, public safety, public order or morality Section 40, CFRN 1999.

To be continued...............

Thank you.

Oyenike Alliyu-Adebiyi LLB(hons)BL