Femi Falana, human
rights lawyer, says going by the law, pre-election matters should not be
determined by the courts after the poll has been conducted.
The lawyer said this
while reacting to the supreme court’s sack of David Lyon, candidate of the All
Progressives Congress (APC) in the November governorship election in Bayelsa,
as governor-elect.
On February 14, the
apex court sacked Lyon on grounds that Biobarakuma Degi-Eremieoyo, his running
mate, falsified his credentials.
Douye Diri, Peoples
Democratic Party (PDP) candidate, was sworn in as Bayelsa governor 24 hours
later.
In a piece entitled:
“Why the law requires pre-election cases to be decided before elections”,
Falana said section 31 of the electoral act states issues surrounding a
candidate’s nomination must be determined before election is held.
To further buttress
his point, the lawyer said section 285 of the constitution does not give room
for a pre-election matter to be determined after the poll.
“A candidate cannot
be disqualified from participating in an election that has been held and
concluded,” he said.
“As far as section
285 of the constitution is concerned a pre-election matter can no longer be
turned into a post election matter and determined after the election.
“Ex abudanti
cautela, section 285 (14) of the Constitution as amended in 2017 defines a pre-election
matter as a suit filed by an aggrieved aspirant or political party ‘….in
respect of the selection or nomination of candidates for an election’ or ‘……in
respect of preparation for an election.’ It is crystal clear from the novel
provision of the constitution that a pre-election case filed ‘in respect of
preparations for an election’ cannot metamorphose into a post election case.
“It is indubitably
clear that the decision of the supreme court in respect of Bayelsa state
governorship election was anchored on the assumption that a pre-election could
be heard and determined after the conclusion of an election.
“Although, I fully
agree with those who have argued that the supreme court is determined to halt
the impunity of godfathers who impose candidates on political parties, the
rights of voters which might have accrued ought to be considered.
“In sanctioning
political parties that breach the provisions of the electoral act or the
constitution, the verdict of the courts must not be substituted for the
franchise of the electorate.”
‘APC HAS FRUSTRATED
EFFORTS TO REFORM ELECTORAL PROCESS’
Falana alleged that
since the APC assumed power in 2015, it has frustrated all efforts to reform
the electoral process.
He said the APC has
continued to act like the PDP by allegedly manipulating elections.
“Before 2015, the
APC was in the forefront of the campaign for the implementation of such
electoral reform,” he said.
“But upon assumption
of power the apc has frustrated all efforts to reform the electoral process. By
manipulating enormous powers of the state to win dubious elections the APC has
continued to behave like the PDP which once believed that it would rule the
country for 60 years.”
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