Section 29
Submission of list of candidates and their affidavits by political parties(1) Every political party shall, not later than 180 days before the date appointed for a general election under this Act, submit to the Commission, in the prescribed Forms, the list of the candidates the party proposes to sponsor at the elections, who must have emerged from valid primaries conducted by the political party.
(2) The list or information submitted by each candidate shall be accompanied by an affidavit sworn to by the candidate at the Federal High Court, High Court of a State, or Federal Capital Territory, indicating that he or she has fulfilled all the constitutional requirements for election into that office.
(3) The Commission shall, within seven days of the receipt of the personal particulars of the candidate, publish same in the constituency where the candidate intends to contest the election.
(4) Any person may apply to the Commission for a copy of nomination form, affidavit and any other document submitted by a candidate at an election and the Commission shall, upon payment of a prescribed fee, issue such person with a certified copy of the document within 14 days.
(5) Any aspirant who participated in the primaries of his political party who has reasonable grounds to believe that any information given by his political party’s candidate in the affidavit or any document submitted by that candidate in relation to his constitutional requirements to contest the election is false, may file a suit at the Federal High Court against that candidate seeking a declaration that the information contained in the affidavit is false.
(6) Where the Court determines that any of the information contained in the affidavit is false only as it relates to constitutional requirements of eligibility, the Court shall issue an order disqualifying the candidate and the sponsoring political party and then declare the candidate with the second highest number of valid votes and who satisfies the constitutional requirement as the winner of the election.
(7) A candidate for an election shall, at the time of submitting the prescribed form, furnish the Commission with an identifiable address in the state where he or she intends to contest the election at which address all documents and court processes from either the Commission or any other person shall be served on him or her.
(8) A political party which presents to the Commission the name of a candidate who does not meet the qualification stipulated in this section, commits an offence and is liable on conviction to a fine of N10,000,000.
This section outlines the rules for submission of list of candidates by political parties. A requirement to contest election in Nigeria is that a person must be a member of a registered political party and must be sponsored by that party. Thus, it is the duty of political parties to sponsor candidates at an election who emerged winners from valid primaries conducted by the party through direct or indirect primaries or consensus, by submitting a list of its candidates for an election to INEC not later 180 days to the date fixed for the election.
The joint effect of the extended date for notice of elections and 6 months period to submit names of candidates is primarily targeted at allowing enough time for political parties to conclude primaries and address disputes therefrom.
Pre-election disputes relating to nomination have been known to drag for years, often into the tenure of a disputing party. This new provision would allow for parties and aspirants to sort out such disputes ahead of the elections, so that matters don’t drag into and beyond the elections period.
The 2022 Act makes several new provisions as follows:
(i) It alters the timeline for submission of list of candidates to INEC. States that political parties must submit their candidates list not later than 180 days before the date of the General Election. This is to be accompanied by sworn affidavits by candidates asserting that they have met the constitutional requirements. The timeline for submission of candidates under the repealed 2010 Act was not later than 60 days before the election.
(ii) It adds that candidates must have emerged from validly conducted primaries and deletes the former provision prohibiting INEC from rejecting or disqualifying candidates for whatsoever reason.
(iii) New provision in subsection (5) provides that “any aspirant” can go to court to challenge a candidate who submits falsified documents or information for an election. The repealed Act was couched wider, allowing “any person” to sue a candidate for presenting falsified information or documents. This new provision restricts the right of action to challenge any false statement by a candidate to only those whose interest will be affected by the outcome of the decision of court where it is determined that the information contained in the affidavit is false (as it relates to constitutional requirements of eligibility).
(iv) It empowers the Courts to disqualify a candidate and his/her political party from contesting an election where it determines that information contained in their affidavit is false, but only on the constitutional requirement of eligibility. Goes further to empower the court to declare the next person with the highest number of valid votes who has satisfied the constitutional requirement as winner of the election. See section 136 (2) of the Act , which reinforces this position.
(v) Increases the penalty for political parties that submit candidate names that do not meet the qualification stipulated under the Constitution. They are liable to payment of a fine of N10,000,000.
In practice, after primaries, the political party must upload the list or information relating to the candidates they intend to sponsor to INEC’s candidates’ nomination portal in compliance with Section 29(1) of the Electoral Act. Thereafter, the personal particulars of the candidates will be displayed in the constituencies where they intend to contest the election for claims and objections.
On the requirement of the Commission to publish personal particulars of candidates for an election.
DR. LAWSON ALOZIE AKPOLUNO & 1 OR. v. INEC & 2 ORS (CA/OW/EP/HR/AB/22/23) (Unreported) Pg. 23-24 Per Ojo, JCA
The Court of Appeal in emphasizing the constitutional force of law and affirming the justiciability of the requirements of section 29 (3)
of the Electoral Act, 2022 as a sacrosanct step towards the preparation for a valid election exercise stated as follows:
“Section 29 (3) of the Electoral Act, 2022 provides that the Commission, shall within 7 days of the receipt of the personal particulars of
the candidate, publish same in the constituency where the candidate ‘intends’ to contest the election, while Section 32 (1) (supra) provides
for displaying the names of candidates at the offices of the Independent National Electoral Commission (1st Respondent) at least 150 days
‘before the day of the election’. There’s no gainsaying the fact that both Sections 29 (3) and 32 (1) of the Electoral Act, 2022 relate to
pre-election matters in line with the provisions of Section 285 (14) (a-c) of the 1999 Constitution of the Federal Republic
of Nigeria (as amended)”
On the need for a Petitioner claiming he is the rightful candidate to show his name was submitted to INEC.
ARC. ABIODUN ABUBAKAR DABIRI & LP V. INEC, OLAWANDE GEORGE & APC (APPEAL NO. CA/L/EP/SEN//13/2023) (Unreported)
The Court of Appeal held that the Appellant lacked the locus standi to present the election because he was not a candidate and did not
participate in the election given the fact that his name was not submitted to INEC in accordance with the Electoral Act, 2022.
The Court of Appeal held that for an individual to claim that he is a candidate in an election he must show that he was not only nominated
by his party but that his name was submitted to INEC within the 180 days prescribed in Section 29 (1) of the Electoral Act, 2022.
Challenging the qualification of a candidate in a primary election.
BANDE AMINU & 1 OR. V. INEC & 3 ORS. (SC/CV/1228/2023) (Unreported) Per Abba Ajji, JSC @ Pg. 21-22.
On who can challenge the qualification of a candidate in party primaries, the Supreme Court held as follows:
“I must state also that by the above provisions of the law and judicial precedents, it is expressly and abundantly clear
that the issue of disqualification of a candidate is an intra and internal party affair as provided in section 29 (5) of the Electoral Act,
2022. In fact, it states that “…any information given by his political party’s candidate in the affidavit or any document submitted by that
candidate in relation to his constitutional requirements to contest the election is false…” It therefore does not allow for pug nosing
and meddlesomeness by a candidate or party of a different political party. Even where the candidate or aspirant of same political party
complains on issue of disqualification or forgery of certificate as in the instant appeal, he must do so within 14 days thereafter or he
loses his right. Any matter arising therefrom or that comes before any court in Nigeria after 14 days are elapsed is stale, expired and
limited and that court ceases to have jurisdiction to entertain same.”
On When the Cause of Action in Section 29(5) Arises.
KENNEDY OSOH V. APC, INEC, & RAYMOND NWOKOCHA (SC/CV/1540/2022) (Unreported)
Until the false information in the candidates Form EC9 is submitted or given to INEC, the cause for an action under S.29(5) of the Electoral Act 2022 would not arise.
DAVID EDEVIE V. OBOREVWORI SHERIFF FRANCIS OROHWEDOR & PDP (INEC SC/CV/1132/2022) (Unreported)
The Supreme Court held that the Jurisdiction of the Court under S.29(5) of the Electoral Act, 2022 is a special one and can only be activated after submission of the 1st Respondent's name to the 3rd Respondent (INEC). Consequently, the appellant’s suit at the trial court is premature as the appellant could not establish a legitimate claim that the 1st Respondent presented forged documents and made a false declaration. In other words, no cause of action has accrued. The court stated that specifically, it has been held it is only after a candidate's information and affidavit have been forwarded to INEC and same is pasted by the Commission in the constituency where the candidate intends to contest the election, that the cause of action arises. This has been the position of this court as held in ADAMU V. DANTIYE (2022) 1 NWLR (PT. 1810) 1; MODIBBO V. USMAN (2020) 3 NWLR (PT. 1712) 470; ABUBAKAR V. INEC (2020) 12 NWLR (PT. 1737) 37.
On the relief to be granted:
The apex court in this case further held that a declaration that the information contained in the candidate's affidavit is false is the proper
principal relief that can be sought under section 29(5) of the Electoral Act. It is after that relief is sought and granted that the other reliefs in
subsection (6), i.e. an order of disqualification, can be granted. See also: IBEZIM V. EBELEKE (2022) 4 NWLR (PT. 1819)
PELA KAWAHARIEBIE KENNEDY & LP V. INEC, OBOREVWORI SHERIFF FRANCIS OROHWEDOR & 2 ORS (Unreported) SC/CV/1204/2023
The Supreme Court held that it is abundantly established and decided by the courts that a suit seeking the disqualification of a candidate on the grounds
of false information or document contained in his Forms CF001 or EC9 is a pre-election matter which must be filed within 14 days of the cause of action i.e.
after a person discovers the candidate’s presentation of alleged false information to INEC.
“A person shall be qualified for election under Subsection (1) of this section if: b). He is a member of a political party and is sponsored by that party. By the succinct provisions of Section 65 (2) (b), of the Constitution of Nigeria 1999 as amended, it is unambiguously clear that in Nigeria there is yet no place for independent candidacy in our National Elections into the Senate and House of Representatives.”
EHINLAWO V. OKE (2008) 16 NWLR (Pt. 1113) 357 at 426.
"By virtue of Section 32 of the Electoral Act 2006, it is the duty of a Political Party to
submit to the Commission a list of candidates it intends to sponsor in any election. It is
also
a mandatory requirement of the Act that the list of candidates must be submitted to the
Commission not later than 120 days to the date appointed for a general election." It follows
that a list of candidates submitted to the Commission less than 120 days before the election
is
invalid, in which case the party concerned would be deemed to have fielded no candidates(s)
for
the election(s).”
Note: Section 32 of the 2006 Act is equivalent to section 29 of the 2022 Act.
"In order to appreciate the purport of Section 31(5) of the 2010 Electoral Act, it is necessary to reproduce sub-paragraphs (1) - (4) and (6) ... It is clear that the above provisions relate to a "candidate" sponsored for election by a political party after the conduct of party primaries. In other words, it presumes that the political party has made its choice of candidates after employing the direct or indirect method provided for in Section 87(2), (3) and (4) of the Electoral Act. The relevant political party having submitted the names of the candidates it proposes to sponsor in the election along with the required affidavits, it is the duty of INEC to publish the personal particulars of the candidates in the constituency where they intend to contest the election to afford any opposing party the opportunity to challenge same. Since the sponsorship of candidates is the prerogative of the political party, it would be absurd to interpret the provisions of Section 31(5) above as permitting members of the same political party to challenge the party's choice in Court."
