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Oluwole Osaze Uzzi, a former INEC director of legal services and voter education, has responded to one of Mr. Peter Obi’s petitions that asks INEC to disqualify President-elect Bola Tinubu due to drug charges in the United States. Bola Tinubu’s electoral registration must be defended, according to the former INEC legal adviser.
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He discussed the matter of INEC defending its handling of the election while making it clear that the commission in charge of that process would need to appear as a respondent in court. He made the point that they had to defend their own actions in terms of how they had handled the nationwide election. He asserts that the commission has likely won the first legal battle over Bola Tinubu’s inclusion in the last election.
“Election petitions are unique; they differ from customary criminal and customary civil procedures,” he said. Therefore, a special system will be required to handle such approaches in terms of both evidence and necessary parties involved. For instance, even if you claim that Tinubu is ineligible due to a drug accusation or because he was convicted of a crime involving dishonesty, INEC still cannot remove him from the race.
No matter which candidate a party runs in an election, the commission has no jurisdiction to dismiss him; INEC must register him instead. The Court alone has the authority to revoke an applicant’s eligibility, therefore in a situation like that, they are unaware of the applicant’s credentials. In accordance with the electoral legislation as it is now written, INEC is required to be a party in each of these situations and will be bound by the ruling.
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