Section 80
Allocation of symbolsWhere a symbol is registered by a political party in accordance with this Act, the Commission shall allot the symbol to any candidate sponsored by the political party at any election.
This provision requires INEC to allot symbols registered to political parties to candidates sponsored by the parties at an election.
The allocation of symbols of political parties to candidates is fundamental to the electoral process that non-inclusion of a symbol of a political party has been used as a basis for nullifying an election on grounds of unlawful exclusion of a candidate by INEC.
However, note the new provision in section 42 (4) which precludes parties who do not confirm to INEC, their party identity appearing on samples of relevant electoral materials from complaining of exclusion afterwards.
It further adds in section 42 (5) that a political party that fails to comply with an invitation by the Commission under subsection (3) of section 42 shall be deemed to have approved its identity on samples of electoral materials proposed to be used for an election.
ISHAQ v. BELLO & ORS (2008) LPELR-4337(CA)
In this case, the Appellant, who alleged that he was lawfully nominated for the election in question by his party, the Peoples Redemption Party (PRP), and when he went to cast his vote, he discovered that his name, photograph, his party's name and symbol were not reflected on the ballot papers for the election, filed the Petition without PRP as a party. To start with, it does not matter whether the Appellant's name and photograph is reflected on the ballot papers, what matters is his party's name and symbol, which must be reflected, in compliance with Section 45(1) of the Electoral Act 2006 [ now section 42 of the 2022 Act] that says the ballot paper "shall include the symbol adopted by the political party of the candidate."
MUBARAK AHMAD TIJJANI & NNPP V. KINGIBE IRETI HEEBAH & 2 ORS. (Unreported) CA/ABJ/EP/SEN/FCT/43/2023.
To prove non-compliance as provided by Sections 42, 79 (1), and 80, as complained by the Appellants, the Appellants have to present three documents to prove its case: The register of symbol and name written on it; a document that shows the symbol and the name submitted to the 3rd Respondent by the 2nd Appellant; and, the document for the purpose of Section 79 of the Electoral Act is the ballot paper used for the election.
