Maduabuchi: INEC Guidelines Take Precedence Over Electoral Act During Elections

Senior Advocate of Nigeria, Oba Maduabuchi, has argued that the guidelines issued by the Independent National Electoral Commission, INEC, should have more legal effect than the provisions of the Electoral Act in the conduct and administration of elections in Nigeria.

He made the submission in an interview on ARISE News on Monday while reacting to a Federal High Court ruling on the timetable of INEC ahead of the 2027 general elections.

Maduabuchi argued that the 1999 Constitution (as amended) provides that INEC has the sole powers to organise, conduct and supervise elections and its guidelines are an extension of those constitutional duties.
He said INEC was created directly by the Constitution and not the Electoral Act.

Let us begin with the Constitution. INEC was established by section 153. “The electoral Act didn’t establish INEC,” he said.

“The constitutional mandate given to the electoral body puts it in a better position to issue rules that guide the electoral process,” he said.

The provision is very clear. It says INEC shall conduct, organize and supervise elections,” he said.

Maduabuchi said the powers include determination of election procedures, timelines and conduct of political parties during primaries.
“It is only INEC that has the power to organise elections by saying submit your candidates by such and such a time. Your primaries do like this. ‘Do that as it regards elections,’ he said.

He further disaggregated the mandate of INEC into organisation, undertaking and supervision of elections, stressing that these roles give wide regulatory powers to the commission.

Maduabuchi further said any provision of the Electoral Act that is inconsistent with INEC’s constitutional powers would be null and void.

“Any law, including the Electoral Act, which takes away these powers is unconstitutional,” he said.

He said the INEC guidelines issued in exercise of the powers conferred by the Constitution, must be seen as binding instruments in the electoral matrix.

He said: “INEC guidelines should be superior to the Electoral Act in respect of conducting elections because they are made pursuant to powers vested in the Constitution.

He said the Electoral Act provides a structural framework for elections but INEC has the constitutional backing to issue binding guidelines on how elections will be conducted.