By Adewale Boye Williams, Esq.
Williams is the Principal Partner, Boye Williams & Co., Ajanaku Compound, Isokun, Ilesa, Osun State
I have carefully read the submissions of various legal luminaries particularly that of my learned Silk, Femi Falana and Kayode Ajulo, Esq.
The latter posited that Section 99 of the Electoral Act allows political campaign till 24 hours to election. He submitted further that INEC Chairman cannot by mere pronouncement amend the above mentioned statutory provision. Falana on his own part relied also on Section 99 of the Electoral Act and said that barring campaign activities of the political parties after the postponement of the general election is illegal and therefore INEC has no such power.
Although section 99 of the Electoral Act relied upon by my learned friends closes campaign 24hours before a given election. However, Falana and Ajulo never adverted their minds to section 100 (1) of the Electoral Act which provides;
“A candidate and his party shall campaign for the elections in accordance with such rules and regulations as may be determined by the Commission”
The above expands section 99 of the Electoral Act. This ipso facto means even if political parties have the right to campaign, such right is tamed by such rules and regulations that may be made by INEC.
Perhaps, many people do not understand that INEC is not an Executive created body. Rather section 153 of the 1999 as amended established INEC. In fact, INEC enjoys powers more than any other bodies created under Section 153 of the 1999 Constitution. How? Under Section 160 of the 1999 Constitution powers of INEC to make its procedures are not subjected to the control of the President. The proviso under section 160 provides thus;
“Provided that in the case of the Independent National Electoral Commission, its powers to make its own procedure shall not be subject to the approval or control of the President “.
Even under Section 15 (1) (f) of the Third Schedule Part1Paragraph F, it provides;
“monitor political campaigns and provide rules and regulations which shall govern the political parties”
Can the provision of section 99 of the Electoral Act overrides the express provisions of the 1999 Constitution? To me, it cannot! Section 1(3) of the 1999 Constitution has warned us thus;
“If any other law is inconsistent with the provisions of this Constitution, this Constitution shall prevail, and that other law shall to the extent of inconsistency be void”. See AGF VS AG LAGOS STATE (2013) 55 NSCQR 374@ 474, ISHOLA VS AJIBOYE (1994) 7-8 SCNJ (PT. 1) 1.
Therefore, INEC has not acted outside its power. Once it has declared campaign closed, no political parties can do otherwise.
In conclusion, I submit that INEC Chairman has acted in accordance with the law. Campaign remains closed.
