Section 32

This provision mandates the Commission to publish the names of candidates nominated by their political parties 150 days to the election. This is to enable political parties confirm the names of their candidates on the list of nominees. The repealed Act provided a 30-day timeline.

A political party that notices that their candidates’ names are missing on the nomination list must notify the Commission not later than 90 days to the election. This is to be in writing, signed by the National chairman and secretary and supported with an affidavit. It further adds that that failure of a political party to notify the commission shall not be grounds to invalidate the election.

It has been decided by the courts that where INEC fails publish the list of candidates submitted by a political party, the candidate still stands eligible to contest the elections. The purpose of introducing subsections (2) and (3) is to place a corresponding responsibility on the political party to ensure that the names of their nominated candidate appear on the nomination list as published by INEC by notifying the Commission of the absence of the name of its nominated candidate on the list. Also, in line with the prevalent decision of the courts in a plethora of cases on this point, it provides that failure on the part of the political party to notify the Commission of the absence of the name of its candidates from the published list shall not invalidate the election where such candidate does not participate in an election.

Note: The Act is unclear on whether INEC should do a further publication following the expiration of timeframe for withdrawal according to Section 31.