Dr. Gbenga Olawepo-Hashim, the presidential candidate of the Accord Party and Co-Chairman of the Movement for Democratic Renewal, has called for the immediate disbandment and reconstitution of the Independent National Electoral Commission (INEC).
The demand follows what Olawepo-Hashim described as a blatant disregard by the commission for a judgment delivered by the Court of Appeal regarding specific provisions of the Electoral Act. He argues that the commission’s refusal to implement the court’s decision undermines the rule of law and the integrity of Nigeria’s democratic process.
The controversy centres on the Court of Appeal’s decision to void sections 77(5), 77(6), 77(7), and 84(2) of the Electoral Act, which relate to the processes and requirements for party primaries and candidate nominations.
Legal disputes over the Electoral Act
Under the voided sections, the Electoral Act provided specific guidelines and restrictions regarding how political parties conduct their primary elections and the conditions under which candidates can be nominated. The Court of Appeal ruled that these sections were inconsistent with the internal autonomy of political parties or contrary to constitutional provisions.
Olawepo-Hashim asserts that INEC has continued to operate based on the voided sections of the Act, effectively ignoring a superior court’s mandate. He maintains that the commission cannot be trusted to conduct fair and transparent elections if it chooses which judicial pronouncements to obey and which to ignore.
The call for reconstitution suggests a total overhaul of the commission’s leadership. Olawepo-Hashim argues that a fresh appointment of commissioners is necessary to restore public confidence in the electoral umpire, especially as Nigeria seeks to stabilise its democratic transitions.
This development adds to a long history of friction between opposition figures and INEC. Since the 2023 general elections, the commission has faced consistent criticism over the transparency of the Bimodal Voter Accreditation System (BVAS) and the delayed upload of results to the INEC Result Viewing Portal (IReV).
The movement for democratic renewal, led by Olawepo-Hashim, contends that the current leadership of INEC lacks the moral and legal authority to preside over future electoral cycles given these alleged lapses in judicial compliance.
The Independent National Electoral Commission has not yet issued a formal response to the specific demand for its disbandment. However, the legal implication of the Court of Appeal’s ruling remains a point of contention among legal practitioners and political parties, as they determine how the voided sections will impact the nomination of candidates for future legislative and gubernatorial polls.
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