He who comes to equity...
The Electoral Act 2026 (as amended) was passed a few months ago. It was passed in February precisely, prompting the Independent National Electoral Commission (INEC) to adjust the 2027 election
The Electoral Act 2026 (as amended) was passed a few months ago. It was passed in February precisely, prompting the Independent National Electoral Commission (INEC) to adjust the 2027 election timetable to meet the exigencies of time.
Since the law came into being, the parties have sprung into action with various activities to ensure that they are not caught on the wrong side of it. For starters, some of them have held or are planning to hold their congresses and conventions to elect new leaders. The provisions of the Act are clear on this.
The law, they say, is the law. Whether in times of war or peace, the law speaks the same language. The language of justice, equity and fairness. It is just a matter of time before the law bares its fangs, if it appears silent in war or under military jackboot. When it does, it cuts to the marrow
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The law speaks firmly and authoritatively. No ehms; eehs or uuhs. The law does not look at faces when it speaks. It is applied equitably to the rich and the poor, the mighty and the low. So, when people come before the law, they are treated equally; no position in life confers higher status on one litigant above the other.
No matter how influential a litigant is, once he seeks equity, he must do so with clean hands. Influence peddling has no place in law. It cannot override the law. It is under the law. The Centurion, a powerful army general, put it succinctly in the scriptures: “For I also am a man under authority...” We are all under the law no matter who we are or what we think of any law.
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The provisions of a law must be followed strictly to avoid running foul of it. If a law says a thing, that thing must be done, without being subjected to any other interpretation, especially one that suits the interpreter’s purpose. To do so is to undermine the law, and the consequences are dire.
Section 82 (3) of the Electoral Act is explicit enough not to warrant any mischievous interpretations. It confers INEC with certain powers concerning some specific activities of the parties.
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The provision reads: The commission, with or without prior notice to the political party, shall attend and observe any convention, congress, conference or meeting which is convened by a political party for the purpose of...
(a) electing members of its executive committee or other governing bodies;
(b) electing candidates for an election at any level; and
(c) approving a merger with any other registered political party.
It is a mandatory act which INEC must undertake. There is no if, or but, about it. If for one reason or the other, INEC cannot discharge this duty because of circumstances beyond its control, what happens?
The law did not say. But if the situation is caused by certain action(s) of a party, should the party, especially where it is in court, not think twice before taking any further steps in the interest of the law, justice and fairplay? After all, he who comes to equity, must come with clean hands.
