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Senior Advocate of Nigeria, Oba Maduabuchi, has argued that the guidelines issued by the Independent National Electoral Commission (INEC) should carry more legal weight than the provisions of the Electoral Act in the conduct and administration of elections in Nigeria.
He made the submission in an interview on ARISE News on Monday while reacting to a Federal High Court ruling on the timetable of INEC ahead of the 2027 general elections.
Maduabuchi argued that the 1999 Constitution (as amended) provides that INEC has the sole powers to organise, conduct and supervise elections and its guidelines are an extension of those constitutional duties.
He said INEC was created directly by the Constitution and not by the Electoral Act.
“Let us begin with the Constitution. INEC was established by section 153. The Electoral Act didn’t create INEC,” he said.
He said the constitutional mandate given to the electoral body puts it in a superior position when issuing rules that guide the electoral process.
The provision is very clear. It says INEC shall conduct, organize and supervise elections,” he said.
Maduabuchi explained that these powers also 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 like this. “Do that as it respects elections,” he said.
He further broke down INEC’s mandate into organisation, undertaking and supervision of elections, stressing that these roles give the commission wide regulatory authority.
Maduabuchi insisted that any provision of the Electoral Act that is in conflict with INEC’s constitutional powers would be null and void.
“Any law, including the Electoral Act, that tends to derogate these powers is unconstitutional,” he said.
He said the INEC guidelines issued under the authority of the Constitution, must be deemed as binding instruments in the electoral matrix.
“INEC guidelines should be higher than the Electoral Act with respect to organising elections because they are made pursuant to powers given by the Constitution,” he said.
He said the Electoral Act provides a structural framework for elections but INEC has the constitutional backing to issue binding guidelines on how elections will be conducted.
