Section 28
Notice of election(1) The Commission shall, not later than 360 days before the day appointed for holding of an election under this Act, publish a notice in each State of the Federation and the Federal Capital Territory—
(a) stating the date of the election; and
(b) appointing the place at which nomination papers are to be delivered.
(2) The notice shall be published in each constituency in respect of which an election is to be held.
(3) In the case of a by-election, the Commission shall, not later than 14 days before the date appointed for the election, publish a notice stating the date of the election.
(4) There shall not be substitution of candidates in a by-election except where a candidate of a political party in a by-election dies, the party shall submit to the Commission the name of its substitute candidate within seven days of the death of the candidate in the Form prescribed by the Commission.
This provision empowers INEC to fix dates for elections and to give adequate notices as the on the days which elections are to be conducted. It mandates INEC to publish the notice of election no later than 360 days before the date of the election. However, for by-elections, the notice period is not later than 14 days to the election.
The 2022 Act has extended the length of time, notice is to be given for holding an election. Under the repealed Act, the notice period was not later than 90 days before the date of the elections.
New provision in Section 28 (4) prohibits the substitution of candidates in a by-election except for the death of a candidate of a political party in a by-election. In this case, the party has 7 days to substitute or present a new candidate.
Bye-elections are usually used to fill existing vacancies occurring by reason of death, resignation, recall or impeachment.
The Commission is empowered to fix dates for election which no person or court can alter.
OSIEC V. AC (2010) 19 NWLR (Pt. 1226) 273The timing and length of Notice for an Election forms part of the procedure regulating the conduct of the Election. This makes it a vital election issue.
PPA V. INEC (2010) 12 NWLR (PT. 1203) 96A general election involves an election at a regular interval to fill the seats available in the entire constituency, whereas a by-election refers to an election to fill a particular vacant seat or position created either by death, resignation or impeachment.
