Electoral System Needs Review


The current Elections Act does not make provision for candidates to challenge decisions made by the Commission, particularly nomination of a candidate for public election.

In fact, the Act stipulates that the decision of the IEC on nomination cannot be questioned by any court of law. But this provision of the constitution is overridden by the Constitution that makes provision for an aggrieved person whose fundamental right has been violated to apply to the high court for redress.

As it stands there is no end in sight of the CA case since it is reported that the IEC intends to appeal. The point is that a candidate who is treated unjustly may not have redress until after the election.

A new Elections Bill is currently before the National Assembly and we do hope that National Assembly Members will consider curing this defect by making provision for challenges to decisions of the IEC.