ELECTION LAW — Substitution of Candidate — Two Conditions Under Section 34 of the Electoral Act, 2006
Ratio Decidendi
Per Onnoghen, JSC, in Ezeigwe v. Nwawulu (2010) NLC-123-261-2008(SC) at p. 21, paras. A–B:
"It is clear from the above provisions that a political party intending to substitute a candidate for any election except, in the case of the death of the candidate to be substituted must fulfill two conditions; to wit: (a) Inform the Commission (INEC) in writing of the change not later than 60 days to the election; and (b) Give cogent and verifiable reasons in the application for substitution for the intended substitution."
Explanation / Scope
This principle establishes the two mandatory conditions for valid candidate substitution under Section 34 of the Electoral Act, 2006. First, the political party must notify INEC in writing of the change not later than 60 days before the election. Second, the application must contain cogent and verifiable reasons for the substitution. Both conditions must be satisfied cumulatively; failure to comply with either renders the substitution invalid. The principle applies to all substitutions except death. The court will examine whether both conditions were met. The principle ensures transparency and due process in candidate substitution. Non-compliance nullifies the substitution.