INEC FINAL LIST CANNOT SHIELD DISPUTED NOMINATIONS FROM JUDICIAL REVIEW - HUNYE

Hon. Abayomi Semako Hunye, Ogun State governorship aspirant under the All Progressives Congress (APC), has stated that the publication of the final list of candidates by the Independent National Electoral Commission (INEC) should not be misconstrued as an absolute bar to judicial scrutiny of a disputed party nomination.

Hunye maintains that the publication of a candidate’s name is an administrative step in the electoral process and does not, by itself, amount to a judicial determination that every aspect of the candidate’s nomination or the party primary that produced the candidate was lawful, Presstv News Nigeria can report.

The Electoral Act 2026 must be read as a whole, alongside the Constitution of the Federal Republic of Nigeria and applicable judicial decisions. Where a competent court is properly seized of a pre-election dispute, the publication of a candidates’ list cannot, on its own, extinguish the court’s jurisdiction to determine the questions lawfully brought before it.

THE LAW MUST PREVAIL OVER ADMINISTRATIVE ASSUMPTIONS

Section 33 of the Electoral Act 2026 must be considered within its proper statutory context, particularly regarding party primaries and the nomination process. The relevant provisions governing nomination, submission of candidates’ particulars, publication of the final list and substitution must be interpreted together rather than in isolation.

Similarly, Section 88 must be applied according to its actual wording and legal purpose, rather than used to suggest that the publication of a final list automatically places a disputed nomination beyond judicial scrutiny.

Hunye emphasises that the central question is not merely whether a candidate’s name has appeared on INEC’s list, but whether the nomination process complied with the applicable law and whether any challenge was instituted before the court within the prescribed time.

SUBMISSION IS NOT THE SAME AS JUDICIAL VALIDATION
The submission or upload of a candidate’s particulars by a political party, and the subsequent publication of the candidate’s name by INEC, must be distinguished from a judicial determination of a properly constituted dispute concerning the nomination process.

Where a competent court establishes a legally recognised ground for intervention and grants appropriate relief, the parties concerned, including INEC where it is bound by the proceedings and orders, must comply with the court’s decision in accordance with the law.

This position does not presume the outcome of any pending litigation. Rather, it affirms the importance of due process, the rule of law and the authority of the courts to resolve electoral disputes within their lawful jurisdiction.

HUNYE CALLS FOR RESPECT FOR THE RULE OF LAW
Hon. Abayomi Semako Hunye urges party members, stakeholders and the public not to treat the publication of a candidates’ list as conclusive proof that a disputed nomination is immune from legal challenge.

The integrity of Nigeria’s democratic process depends on compliance with electoral laws, respect for the rights of aspirants and adherence to lawful judicial decisions.
Hunye remains committed to pursuing all available remedies through the appropriate legal channels and urges all parties to allow the judicial process to determine any outstanding dispute on its merits.

The governing principle is clear: administrative publication must not be confused with judicial determination, and no party should be considered above the law.

Signed:
Media Office
Hon. Abayomi Semako Hunye
Ogun State Governorship Aspirant