Ubani questions Reps panel directive to INEC on candidates
A Senior Advocate of Nigeria, Dr Monday Ubani, has questioned the legal basis of a reported directive by a House of Representatives committee asking the Independent National Electoral Commission (INEC) to disqualify candidates whose names have already been published.
Ubani said the controversy should be determined by the Electoral Act and the precise orders contained in the Supreme Court judgment in INEC v Zenith Labour Party (ZLP), rather than by a directive from a legislative committee.
The Supreme Court, in its September 24 judgment, upheld the validity of sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act 2026 after setting aside the Court of Appeal decision that had invalidated the provisions.
Ubani, however, argues that the ruling did not amount to a blanket order directing INEC to disqualify individual candidates whose names had already been published.
He questioned whether the House committee could use a letter to expand the effect of the Supreme Court judgment or confer additional powers on the electoral commission.
“A committee letter cannot amend the Electoral Act, create a new power of disqualification, or enlarge the orders of the Supreme Court,” Ubani said.
“If the Supreme Court did not order INEC to disqualify candidates, by what authority is a House Committee attempting to achieve that through a letter?”
Ubani maintained that any decision affecting the eligibility of individual candidates must have a legal basis and fall within powers conferred on INEC by electoral law.
In a separate analysis after obtaining the certified true copy of the judgment, Ubani argued that the Supreme Court distinguished between the statutory eligibility of a political party to field a candidate and the personal qualification or disqualification of an individual candidate.
The dispute has intensified debate over how INEC should implement the judgment ahead of the 2027 general elections, particularly in cases involving candidates whose names have already been published.