The Incorporated Trustees of the Association for Legislative Drafting and Advocacy Practitioners (ALDRAP) have approached the Federal High Court, seeking a definitive interpretation of Section 156 of the 1999 Constitution (as altered) concerning the eligibility of a candidate as commissioner in the Independent National Electoral Commission (INEC).
Background of the Case
The public interest group is specifically asking the court to determine whether a citizen's past political party affiliation can disqualify them from appointment as Chairman or National Commissioner of INEC. Listed as the 1st and 2nd defendants in the suit are the chairman of INEC and INEC itself.
Key Legal Questions
The group is seeking clarification on whether Section 156 bars individuals based on prior political party membership, or whether the provision only takes effect upon nomination to INEC. ALDRAP, in its originating summons, argued that the provision is forward-looking and intended to ensure neutrality of electoral officials while in office, rather than to penalise lawful political participation before appointment.
The group is therefore urging the court to declare that Section 156 becomes operative only from the date of nomination into INEC, and that any political party affiliation before that stage should not constitute a ground for disqualification. It further contended that interpreting the provision to cover pre-nomination activities would amount to a violation of the constitutional right to freedom of association guaranteed under Section 40.
Supporting Affidavit
In a supporting affidavit, the group's Administrative Secretary, Jesse Williams Amuga, warned that extending the scope of Section 156 to include prior affiliations would curtail constitutionally protected freedoms, deter qualified citizens from public service, and open the door to arbitrary exclusion from critical national institutions. Amuga maintained that constitutional provisions must be interpreted holistically in a manner that advances fundamental rights.
Next Steps
INEC has been given 30 days to respond to the summons, and the court's eventual decision is expected to resolve longstanding uncertainty surrounding the interpretation of Section 156. This case could have far-reaching implications for the composition of Nigeria's electoral body, ensuring that only qualified individuals serve while protecting citizens' rights to political participation.
