Preventing voters from scrutinising aspirants undemocratic, say SAN, don

Hon. Chairman INEC, Prof. Mahmood Yakubu
A Senior Advocate of Nigeria (SAN), Mr. Dipo Olasope, and a Senior Lecturer at the Political Science Department, University of Ibadan, Dr. Stephen Lafenwa, have chided the National Assembly on its new amendment to the Electoral Act, precluding the possibility of voters challenging credentials submitted to the Independent National Electoral Commission (INEC) by candidates.

If President Muhammadu Buhari signs the proposed law, it would allow only those who participated in the party primary to challenge in court, the school certificates, birth certificate and other credentials of a co-contestant.


Section 31(5) of the Electoral Act reads: “Any person who has reasonable grounds to believe that any information given by a candidate in the affidavit or any document submitted by that candidate is false may file a suit at the Federal High Court, High Court of a state or the FCT (Federal Capital Territory) against such a person, seeking a declaration that the information contained in the affidavit is false.”

But the new amendment reads: “Any aspirant who participated in the primaries of his political party, who has reasonable grounds to believe that any information given by his political party’s candidate in the affidavit or any document submitted by that candidate in relation to his constitutional requirements to contest the election is false, may file a suit at the Federal High Court against that candidate seeking a declaration that the information contained in the affidavit is false.”


Lafenwa said: “This section of Electoral Act amendment is one of the signs that our democracy in Nigeria is trapped by the political elite. If democracy is all about the people, it is anti-democratic to prevent the same people from participating fully in the determination of who governs them.

“It is unethical to prevent voters from scrutinising those that would make decisions on their behalf, simply because they are not contesting. Until our political system is reformed to ensure politicians are not allowed to be judge of their own case, it would be difficult to elect credible leaders that will serve the interest of the people.”

On his part, Olasope said: “I am sure it is a joke. Any person contesting for electoral office must pass certain Constitutional requirements. So, can the Act override the clear provisions of the Constitution? I don’t think so.”

Author

Don't Miss