legality of INEC

LEGALITY OF INEC DECISION TO BAR THE ALL PROGRESSIVE CONGRESS (APC) FROM FIELDING CANDIDATES IN THE 2019 GENERAL ELECTION IN ZAMFARA STATE

On October 9th, 2018, Independent National Electoral Commission (INEC), in an official communication, declared the All Progressives Congress (APC) ineligible to field candidates for all elective positions in Zamfara State in the 2019 general elections. This was on the basis of the party’s failure to meet the October 7 2018 deadline for conducting primaries to elect candidates for the 2019 General Elections as stipulated in the Timetable and Schedule of Activities for 2019 General Elections released by INEC in January 2018.

As contained in the Timetable, political parties were mandated to conduct primaries to nominate candidates for various elective positions in the 2019  General Elections between August 18th and  October 7th 2018. By virtue of Section 87 of the Electoral Act 2010 (as amended), political parties seeking to nominate candidates for any election must hold primaries (direct or indirect primaries) to nominate candidates. Even where there is only one aspirant in a political party for an elective position, a political party is still mandated by section 87(6) of the Electoral Act to convene a special convention or congress to ratify the aspirant’s
nomination. Consequently, complying with the deadline to hold primaries as stipulated in the Timetable is a mandatory step for every political party seeking to participate in the 2019 General election.

Download the Full detailed discussion paper the Constitutional Power of INEC and its legality to bar political parties from fielding candidates for elections

Legality of INEC Decision to Decline List of Party Candidates

 

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