By Henry Ojelu
LAGOS — A Senior Advocate of Nigeria, Dr Monday Ubani, has questioned the legal basis of a reported directive by the House of Representatives Committee on Electoral Amendment to the Independent National Electoral Commission, INEC, to disqualify candidates whose names have already been published.
Ubani, reacting to the development, questioned whether the directive was supported by the recent judgment of the Supreme Court in the case of INEC v. ZLP & Ors.
He also queried whether the apex court, in its judgment, ordered INEC to disqualify candidates affected by the decision.
According to Ubani, the effect of the Supreme Court judgment should not, in his view, be extended through a letter issued by a committee of the House of Representatives.
He further questioned the authority of the committee to direct INEC to take an action that could result in the disqualification of candidates whose names had already been published.
Ubani said: “A committee letter cannot amend the Electoral Act, create a new power of disqualification, or enlarge the orders of the Supreme Court.
“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?”
He maintained that any decision to disqualify candidates must be based on applicable law and fall within the powers legally conferred on INEC.
The senior lawyer’s comments come amid reported controversy over the interpretation and implementation of the Supreme Court judgment, particularly its implications for candidates whose names have already been published by INEC.
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