INCONCLUSIVE ELECTIONS IN NIGERIA: A REVIEW OF THE SUPREME COURT JUDGMENT IN HON. FALEKE VERSUS INEC

Abstract

The 1999 Constitution of the Federal Republic of Nigeria empowers the Independent National Electoral Commission (INEC) to organize, undertake and supervise all elections to the offices of the President and Vice President, Governor and Deputy Governor of a state and to the membership of the Senate, the House of Representatives and the House of Assembly of each state of the Federation. Relying on its power in this regard, INEC came up with Election Manual for the conduct of the 2015 general elections. This Election Manual gives INEC the power to make regulations and guidelines for conduct of elections and to declare election inconclusive and schedule a re-run election. Against this background, this paper examines the constitutional powers of INEC and the legality of INEC’s Election Manual 2015. The paper also appraises the Supreme Court judgment on inconclusive election in Honourable James Faleke versus INEC. It argues that the introduction and use of the Election Manual 2015 and declaration of election inconclusive is not against the spirit and tenor of Section 179(2) of the 1999 Constitution.