If INEC disqualifies me, what can I do to challenge a disqualification?
There are certain requirements that a political association must fulfill before it is registered as a political party by the Independent National Electoral Commission (INEC) in a way that can canvass votes for candidates and sponsor candidates at elections. Only the INEC that has the power to register political parties.
Proceed to registration of the political party at least 6 months prior to the general election and obtain a Certificate of Registration issued by INEC.
In a situation where the application for registration fails, INEC is required to send a notification on the failure of the Registration to you. You have 30 days after this notification to fulfill all necessary requirements.
It is clear that every citizen of Nigeria has the constitutional right to form a political party. You can:
It should be noted that no political party can be registered successfully by the Commission if its membership is not free to all adult citizens of Nigeria. However, when this happens, you can:
Note: If the Commission takes a decision that you are not pleased with, you have the right to approach a competent court of law and start a Fundamental Human Rights Procedure claim. See “Enforcing the right to political participation” for more information.
It is advisable that you keep the letter of rejection given to you safely or any other relevant evidence that will be useful in making your claim in court.
Political parties in Nigeria usually have a dispute resolution panel required to look into complaints brought by members of the party. This panel usually resolves disputes between the disputing parties without the need of approaching a law court.
The claims this panel entertains may include: The Inability to participate in an election either as a voter or candidate aspiring for a public office in party’s primary elections; increase of nomination form fees and withdrawal of names from candidates list.
Note: The complaint will be directed to the Secretary, Dispute Resolution Panel (DRP).
Here are certain things needed to be included in the complaint.
Electoral Alternative Dispute Resolution (EADR):
This also serves as an alternative to litigation whereby a Directorate in INEC will look into the complaint and settle the misunderstanding.
This is usually done mostly after the declaration of the winner in an Election matter. It should be noted that approaching this Panel depends on the choice of both parties. You will be required to do the followings: