The Judiciary has lamented that political parties are exploiting the lacuna in their constitutions to create chaos as well as overheating the polity.
Consequently, the Independent National Electoral Commission (INEC) has been advised to desist from accepting candidate name from a political party for an election when an aggrieved opponent is in court.
Justice Ishaq Bello of the Federal Capital Territory (FCT) High Court made the submission Wednesday at a one-day retreat on “Modalities for Making and Gazetting INEC Regulations” in Abuja, organized by INEC for legal practitioners within and outside the Commission.
Sharing his experience on the bench, Justice Bello said several cases by aggrieved party members are thrown out of court on grounds that they have not exhausted internal remedies provided by the constitution of political parties.
The Judge said, “Specifically, looking at the current situation of political parties whenever there are election matters, one of the many fears of legal practitioners or applicant is that not exhausted internal remedies provided by the constitution of political parties and when such a matter comes before the court, it is thrown out.
“Now the area of problem here in my own view which seems to facilitate chaos, discontent is the absence of any proviso in the various constitutions to say that while the grievance of the aggrieved party is before the committee of the party for deliberation, the name of his opponent should not be presented to INEC.
“That there is no proviso that prohibits within the constitution of the parties that while a grievance is being addressed by a political party, the name of his aspirant should not be submitted to INEC for purposes of the election.
“This absence of a proviso is a very destructive weapon. INEC has been enjoined to accept different candidates from different parties without actual reasons. But I want to say here is that laws are not to be applied in vacuum.
“Even when INEC is enjoined to accept candidates of parties without raising a question in my view the anticipation is that the ideal situations must have been complied with for INEC to say we have accepted a candidate.
“Now what I am saying here is political parties would hang the complain of an aggrieved member of the party without attending to it and when they get to court they bring lawyers and say the party member has not exhausted internal party remedies of the party and say therefore the court cannot act on his plea. Of course the court cannot do otherwise. Meanwhile the name of the opponent has been submitted to INEC.
“This in my view is part of the problem that has been overheating our polity. We need to sit down by way of regulations to address this very potent weapon in creating chaos, causing devastation, discontent and having people going about with heavy hearts with not ready solace in sight.”
Prof. Attahiru Jega, INEC chairman assured participants that the Commission was already working on reviewing all judgments on electoral cases by tribunals and courts with a view to amending existing guidelines. Jega was represented by a Commissioner, Mrs. Thelma Iremirem.
Also present at the retreat were the representatives of the Nigeria Bar Association (NBA) and the National Human Rights Commission (NHRC).
