On Friday, The Independent National Electoral Commission (INEC) reinstated Ayodele Olorunfemi as the governorship candidate of Labour Party in Ondo State.
This was made known via a post the body made on X on Friday afternoon.
Background
In September, Justice Emeka Nwite of the Federal High Court had ordered INEC to recognise Ebiseni as the Labour Party’s candidate for Saturday’s election in Ondo State.
However, Olorunfemi, whose name was first published as the Labour Party candidate for the 2024 Ondo State Governorship election, took to the court of appeal because of his dissatisfaction
This act ended with an unanimous decision on Wednesday by a three-member panel of Justice of the court of appeal which overturned the ruling by the Federal High Court and ordered INEC to reinstate Olorunfemi as the rightful candidate.
INEC Obeys Court Orders
INEC announced on Friday that it had received the Certified True Copy (CTC) of the appellate court’s judgment, which overturned an earlier ruling by the Federal High Court (FHC), Abuja Division.
The FHC had, on 27th September 2024, ordered INEC to recognize Olusola Ebiseni as the Labour Party candidate.
However, the Court of Appeal, in suit number CA/ABJ/CV/1172/2024, ruled that the FHC lacked jurisdiction over the matter and set aside its judgment.
“In obedience to the court order, the Commission has restored Olorunfemi Ayodele Festus, whose name was first published as the Labour Party candidate for the 2024 Ondo State Governorship election,” INEC posted.
The Commission, in compliance with the court directive, has updated its website to reflect the candidature of Olorunfemi.
This development is coming just days to the election, scheduled for Saturday, 16th November 2024.
Legal Framework
The reinstatement of Olorunfemi is rooted in the provisions of Nigerian electoral laws and the Constitution.
Below are the legal references upon which this development is based::
The Section 287 (1) of the 1999 Constitution of Nigeria stipulates that decisions of the Court of Appeal must be enforced across the federation by all authorities and persons, including INEC.
Likewise, Section 1(1) declares the Constitution as the supreme law of the land.
INEC demonstrates its commitment to constitutional mandates by reinstating Olorunfemi in compliance with the appellate court’s ruling.
Also, Section 84(14) of Electoral Act, 2022 allows any aggrieved party member to approach the court.
Olorunfemi’s appeal aligns with this provision, as he sought judicial redress to restore his candidacy.
Expert Speaks
On Thursday, Monday Mawah, a legal practitioner and a member of the Labour Party said he expected the disqualification of Ebiseni because the substitution was not done properly.
“Section 31 of the Electoral Act is clear on issue of substitution and the section provides that a candidate that had already been nominated by a political party for him to be substituted
“The candidate by himself must write a letter in his own handwriting, signed by him and submitted to the chairman of his party that nominated him and then the party itself will take that letter and take it to the Independent National Electoral Commission and then before they can do substitution not later than 14 days of the happening event and that is the provision of Section 33 of the Electoral act”
He added that the letter Ebiseni said Mr Olorunfemi signed was typed and not handwritten.
“Unfortunately if you have those documents they purportedly said Mr Olorunfemi signed, you will see that the letter they call it letter of voluntary withdrawal as governorship candidate of it was typed not written by himself it was typed not handwritten”
He further said the ruling by the Court of Appeal is going to affect the Labour Party although it is the best constitutional decision.
He said that people will be confused if they hear that the candidate has been changed within the period of three days to the election.
Implications for Democracy
The reinstatement of Ayodele Olorunfemi by INEC strengthens Nigeria’s democratic process in the following ways:
- Rule of Law
The implementation of the Court of Appeal ruling by INEC, reechoes the principle of the rule of law.
This means nobody-whether individual or institution-is above the law and that the legal frameworks guard the democratic process
- Electoral Integrity:
INEC has helped to protect the integrity of the electoral process by acting promptly to the situation.
Such an act of transparency will ensure the right candidate represents the party for the election and builds public trust in the electoral system.
- Peaceful Resolution of Disputes:
This case has demonstrated that political and legal disputes can be amicably resolved through institutional without resorting to conflict or public unrest. - Encouraging Voter Confidence:
The reinstatement of the original candidate would likely be what convinces the electorate of the fairness of the system and would perhaps get more people to participate in democratic processes.
This reassures the electorate that their choices would be protected from undue interference.
In conclusion, the resolution of this legal tussle in favour of Ayodele Olorunfemi sets a precedent for handling electoral disputes with fairness.
All this goes to underline the strength of democratic institutions in Nigeria and their capacity to rise to challenges within the frame of law and justice.
Authored by Samuel Sodunke