The Nigerian Bar Association’s Electoral Committee Chairman, Monday Ubani, has stated that the judiciary cannot override the powers of the Independent National Electoral Commission (INEC), emphasizing the constitutional independence of the electoral body. His remarks come amid a legal dispute over the deregistration of five political parties, including the African Democratic Congress (ADC), following a court order. Ubani made the statement during an interview on Arise Television’s ‘Day Break’ program, where he discussed the implications of judicial intervention in electoral matters.
Justice Peter Lifu of the Federal High Court had on Monday ordered INEC to deregister the ADC and four other political parties, citing alleged non-compliance with electoral regulations. The court’s directive sparked immediate controversy, especially as INEC had already conducted its own administrative review and concluded that the parties were not in breach of any legal requirements. Ubani pointed out that INEC possesses constitutional authority to carry out such assessments and take administrative actions without judicial interference.
He criticized the court’s decision, arguing that it amounted to substituting judicial opinion for the expertise and mandate of a constitutional body. “INEC filed a counter-affidavit after taking the administrative action the constitution has given them powers to, and have found out those parties are not in breach,” Ubani said. He stressed that the judiciary should not override the powers of an agency specifically established to manage electoral processes.
The situation took a turn on Tuesday when the Court of Appeal in Abuja ordered a stay of execution of Justice Lifu’s judgment. This temporary halt allows INEC to continue its operations without being forced to deregister the parties pending further legal proceedings. The appeal court’s intervention has provided a breathing space for both INEC and the affected political parties to prepare their legal responses.
Ubani’s comments highlight a growing concern about the balance of power between the judiciary and electoral institutions in Nigeria. He reiterated that while the judiciary plays a crucial role in upholding the rule of law, it must respect the constitutional boundaries of other arms of government, particularly those with specialized mandates like INEC. The case underscores the need for clear legal frameworks that define the limits of judicial intervention in electoral administration.
As Nigeria prepares for upcoming elections, the outcome of this legal battle could set a precedent for how courts interact with electoral bodies. The issue remains closely watched by legal experts, political stakeholders, and civil society groups. The case will likely influence future electoral reforms and the operational autonomy of INEC in managing Nigeria’s democratic processes.
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