Senior Advocate of Nigeria, Oba Maduabuchi, has contended that the guidelines issued by the Independent National Electoral Commission (INEC) should have more legal effect than the provisions of the Electoral Act in the conduct and administration of elections in Nigeria.
He made the submission on an interview on ARISE News on Monday while reacting to a Federal High Court ruling on INEC’s timetable ahead of the 2027 general elections.
Maduabuchi argued that the 1999 Constitution (as amended) gives INEC the sole powers to organise, conduct and supervise elections and its guidelines are an extension of those constitutional duties.
He said INEC was established directly by the Constitution and not the Electoral Act.
“Let us start with the Constitution. INEC was created under section 153. The Electoral Act didn’t establish INEC,” he said.
“The electoral body is in a better position to issue rules that guide the electoral process because of the constitutional mandate given to it,” he said.
The provision is very clear. It says INEC shall organize, undertake and supervise elections,” he said.
Maduabuchi explained that these powers include the determination of election procedures, timelines and the conduct of political parties during primaries.
“It is only INEC that has the power to organise elections by saying submit your candidates by such and such a time. Your primaries do this. “Do that as it is regards elections,” he said.
He further broke down the mandate of INEC into organisation, undertaking and supervision of elections, stressing that these roles give the commission wide regulatory powers.
Maduabuchi stressed that any provision of the Electoral Act that runs counter to INEC’s constitutional powers would be null and void.
“Any law, including the Electoral Act, which derogates from these powers is unconstitutional,” he said.
He said the INEC guidelines issued in exercise of the powers conferred by the Constitution, must be regarded as binding instruments in the electoral matrix.
He said: “INEC guidelines should be superior to the Electoral Act in relation to conducting elections because they are made pursuant to powers vested in the Constitution.
He concluded that while the Electoral Act provides a structural framework for elections, INEC has the constitutional authority to issue binding guidelines that govern how elections are conducted.
