The Independent National Electoral Commission (INEC) has responded to a media report by The Guardian newspaper, which claimed that INEC’s credibility is sinking as 94% of contested posts await tribunal.
POLITICS NIGERIA reports that the electoral body made the response in a press release issued on Thursday.
INEC said the report contains inaccurate figures, mixes up pre-election and post-election cases, has a skewed comparative perspective, and a headline that suggests that election petitions draw from the action or inaction of INEC.
INEC clarified that in 2023, elections were not conducted in 1,280 constituencies, including 782 State Assembly seats. On the contrary, elections were conducted in 1,491 constituencies across the country.
The Commission also said it is not responsible for pre-election cases arising from the conduct of primary elections by political parties. The body said these are intra-party cases involving party members in which they join the Commission and seek for reliefs binding on it.
INEC further stated that many litigants in Nigeria unfortunately file election petitions over the most improbable cases and later withdraw them, or they are dismissed by the tribunals. The Commission said that out of 1,196 petitions filed so far, 712 were dismissed and 179 withdrawn. This means that in 891 cases (74.4%), the tribunals found no merit in the petitions and affirmed the result of the elections conducted by INEC.
INEC also said that the report’s analysis of the total number of petitions as if they were filed against the outcome of the election in 94% of all the elective positions is methodologically problematic and statistically illogical.
The Commission also clarified that the grounds for challenging the outcome of an election, as provided in Section 134 of the Electoral Act, 2022, are not limited to the conduct of election by the Commission. The release explained that an election may be questioned on the ground that the winner of the election was not qualified to contest the election by virtue of his academic qualifications, age, etc. Many of the petitioners did not challenge the conduct of the elections by INEC but the eligibility of candidates or their nomination by political parties. Under the law, INEC has no power to screen candidates. Similarly, only the Courts can disqualify candidates, the press release said.
INEC also compared the number of election petitions filed in the last three electoral cycles. In 2015, 663 cases were filed at the tribunals, 87 (13.1%) were nullified, and the Commission ordered to conduct a re-run in some polling units or entire constituencies. In 2019, 807 petitions were filed, but elections were only re-run in 30 (3.71%) constituencies (3 Senatorial Districts, 13 Federal Constituencies and 14 State Constituencies).
As of Monday, 16th October 2023, out of 82 Governorship election petitions, the electoral body said 72 (87.8%) were either dismissed or withdrawn by the petitioners. For Senatorial elections, 146 petitions were filed, out of which 100 (68.5%) were dismissed or withdrawn. For the House of Representatives, 413 petitions were filed, out of which 309 (74.81%) were dismissed or withdrawn while for State Houses of Assembly, 550 petitions were filed, out of which 468 (82.4%) were dismissed or withdrawn.
INEC concluded by stating that it is inappropriate to solely assess the credibility of INEC or the conduct of the 2023 General Election on the number of petitions filed by litigants who, in any case, have the right to do so under the law.
