INEC: SAN Knocks Reps’ Directive To Disqualify Candidates, Says ‘Committee Letter Is Not Law’
According to a report by The Sun on Wednesday 7 October 2027; Senior Advocate of Nigeria, Dr Monday Ubani, has questioned the reported directive by the House of Representatives Committee on Electoral Amendment asking the Independent National Electoral Commission (INEC) to disqualify certain candidates ahead of the 2027 elections.
Ubani argued that a committee of the National Assembly could not, through a letter alone, confer new powers on INEC or change the legal standing of candidates who had already been cleared by the electoral commission.
The controversy followed reports that the House committee wrote to INEC requesting the disqualification of some candidates whose names had already been published by the commission. The reported directive was said to have relied on the Supreme Court judgment in INEC v. ZLP & Ors.
Reacting to the development in a statement shared on his Facebook page, Ubani questioned whether the Supreme Court judgment cited by the committee actually contained an order directing INEC to disqualify the affected candidates.
The legal practitioner also raised questions about the constitutional authority of a legislative committee to instruct the electoral commission to take such action.
According to Ubani, INEC derives its powers and responsibilities from the Constitution and relevant electoral laws. He maintained that any additional ground for disqualification would have to be established through the appropriate legal process.
The SAN argued that a letter from a House committee could not replace an amendment to the Electoral Act or create powers that were not already provided for under existing legislation.
He said the lawmakers should identify the specific provision of the Constitution, Electoral Act or a valid court order that empowered the committee to instruct INEC to disqualify candidates.
Ubani further stressed that the issue was particularly significant because the affected candidates had reportedly already been cleared and their names published by INEC.
He maintained that where a candidate has been duly processed under the existing electoral framework, any decision to remove that candidate must be based on a recognised legal authority rather than an administrative directive from a legislative committee.
The lawyer also distinguished between the law-making responsibilities of the National Assembly and the functions assigned to INEC, arguing that a committee should not effectively create a new electoral rule through correspondence with the commission.
According to him, neither a committee’s letter nor an administrative instruction can independently amend electoral legislation or expand the effect of a judgment delivered by the Supreme Court.
Ubani therefore challenged the lawmakers to clarify the legal basis for the reported directive and explain how it could be reconciled with the existing constitutional and electoral framework.
His intervention has added to the debate surrounding the authority of legislative committees in electoral matters, particularly where their actions could affect the eligibility of candidates preparing for an election.
The SAN concluded his reaction with a sarcastic expression, saying, “I laugh in Swahili,” to underscore his disagreement with the reported development.
COURTESY: Yariis
