ELECTION LAW — Nomination of Candidates — Substitution of Candidate — Requirement to Provide Cogent and Verifiable Reasons
Ratio Decidendi
Per Onnoghen, JSC, in Ezeigwe v. Nwawulu (2010) NLC-123-261-2008(SC) at p. 25, para. B:
"It is very clear from the provisions of section 34 of the Electoral Act, 2006 that a nominated candidate acquires a justiciable right hence the requirement that before he can be substituted the political party concerned must give cogent and verifiable reasons."
Explanation / Scope
This principle establishes that once a candidate is nominated by a political party, they acquire a justiciable right that cannot be arbitrarily taken away. The party must provide cogent and verifiable reasons before substituting the candidate. The principle applies to all political party substitutions except in cases of death. It ensures that nominated candidates are protected from unlawful substitution. The court must scrutinize the reasons provided. The principle reflects the statutory protection of candidates’ rights. It prevents political parties from acting arbitrarily. The court will declare substitutions invalid where reasons are insufficient. This protects the integrity of the electoral process and candidates’ legitimate expectations.