ELECTION LAW — Petition — Political Party Cannot Be a Candidate — Section 137(1)(a) and (b) of Electoral Act 2010
Ratio Decidendi
Per Ngwuta, JSC, in CPC v. INEC & Ors (2011) NLC-123-426-2011(SC) at p. 66; Paras C—D:
"A political party may participate in an election but it cannot be a candidate in the election. A candidate in an election is a human being and while a political party may participate in an election, it cannot be a candidate. See section 137(1)(a) and (b) of the Electoral Act 2010 (as amended)."
Explanation / Scope
This principle establishes that a political party may participate in an election but cannot be a candidate, as a candidate must be a human being. The principle applies in election petitions. It ensures that only human beings are candidates. The principle reflects the requirements for candidacy. It prevents political parties from being candidates. The court must apply the provision. The principle provides guidance on election petitions.