INEC, ADC speak on Nafiu Bala’s claimed upload of the party’s candidates

A recent incident involving Nafiu Bala's alleged unauthorized upload of candidate lists for the African Democratic Congress (ADC) on the Independent National Electoral Commission (INEC) portal highlights critical aspects of Nigeria's electoral jurisprudence. This event underscores the stringent legal framework governing candidate nomination, particularly under the Electoral Act 2022, which vests the exclusive right of candidate submission in political parties through their authorized officials. The purported use of an INEC letterhead and screenshots from the portal raises serious questions about electoral integrity and potential criminal liabilities for forgery and misrepresentation. Both INEC and the ADC have disavowed the alleged upload, reinforcing the necessity of adherence to official processes to safeguard the credibility of the electoral system.

The integrity of Nigeria's electoral process hinges significantly on the meticulous adherence to established legal procedures for candidate nomination. A recent development, as reported by Premium Times Nigeria, involving one Nafiu Bala, who allegedly posted a document on an INEC letterhead and screenshots purportedly from the INEC portal, claiming to have uploaded candidate lists for the African Democratic Congress (ADC), has brought this issue into sharp focus. This incident, which has been disclaimed by both INEC and the ADC, serves as a stark reminder of the vulnerabilities and the robust safeguards embedded within the electoral framework.

The legal framework for candidate nomination in Nigeria is primarily governed by the Electoral Act 2022, which repealed the 2010 Act. This Act introduces several innovations aimed at enhancing the credibility and transparency of elections, including specific provisions for the submission and publication of candidate lists. Section 29(1) of the Electoral Act 2022 mandates every political party to submit to the Independent National Electoral Commission (INEC), in prescribed forms, the list of candidates it proposes to sponsor at elections, not later than 180 days before the date appointed for a general election. These candidates must have emerged from valid primaries conducted by the political party. The submission of these lists is typically done through a dedicated INEC candidate nomination portal (ICNP), which political parties access using unique login credentials. Following the receipt of personal particulars, INEC is required to publish them within seven days in the relevant constituency for claims and objections. The Act also provides for the publication of the final list of candidates. Crucially, the nomination and sponsorship of candidates are considered internal affairs of political parties, but they must be conducted in accordance with the Electoral Act and the party's constitution.

The alleged actions of Nafiu Bala, involving the purported upload of candidate lists and the use of an INEC letterhead, carry significant legal implications under Nigerian law. Firstly, the Electoral Act 2022 unequivocally vests the authority to nominate and submit candidate lists solely with registered political parties, acting through their authorized national officers. An individual acting independently, without the express authorization of the party, cannot validly submit candidate information to INEC. Any such submission would be considered null and void, as INEC's role is limited to receiving and publishing lists validly submitted by recognized party officials. The Supreme Court has consistently affirmed that while candidate nomination is an internal party affair, it must conform to the provisions of the Electoral Act.

Secondly, the use of an INEC letterhead and screenshots purportedly from the INEC portal, if proven to be unauthorized or fabricated, could constitute the criminal offence of forgery. Under the Criminal Code Act and Penal Code Act, forgery is a serious criminal offence, distinct from electoral offenses, and carries penal consequences. While the Electoral Act 2022 (and potentially the 2026 version) has been debated regarding the extent to which certificate forgery can be a ground for post-election petitions, the act of forging official documents or misrepresenting official processes remains a grave crime. Section 121 of the Electoral Act 2010 (as amended) also outlines penalties for electoral offenses, including forging nomination papers. The integrity of the INEC portal, as a technological innovation designed to improve election administration, is paramount, and any attempt to compromise it, or to create a false impression of having done so, undermines public trust.

Furthermore, Section 29(5) of the Electoral Act 2022 allows an aspirant who participated in a party's primaries to challenge false information provided by a candidate in an affidavit or other submitted documents. While this provision typically applies to aspirants within the same party, the broader principle is that the submission of false information to INEC is a serious breach. The swift disavowal by both INEC and the ADC in this instance demonstrates the importance of official communication channels and the need for parties to manage their internal processes diligently to prevent such unauthorized representations. The ADC's constitution, like those of other parties, outlines the structure and authority for such critical decisions, reinforcing that candidate nomination is a collective, authorized party action, not an individual's prerogative.

The incident concerning Nafiu Bala's claimed upload of ADC candidates serves as a crucial reminder for legal practitioners and political stakeholders alike regarding the strictures of Nigeria's electoral laws. It underscores that only political parties, acting through their duly authorized national leadership, possess the legal mandate to nominate and submit candidate lists to INEC via the official portal. Any deviation from this prescribed process, or the creation of forged documents, not only invalidates the purported action but also exposes the perpetrator to severe criminal liabilities, including charges of forgery.

Practitioners must advise their political party clients on the imperative of strict compliance with the Electoral Act 2022, particularly Sections 29 and 84, concerning candidate nomination and the conduct of primaries. The vigilance of both INEC and political parties is essential to prevent unauthorized interference with the electoral process and to maintain public confidence. This event highlights the ongoing need for robust internal party democracy and transparent engagement with INEC's official channels to safeguard the integrity of future elections and minimize the potential for pre-election disputes arising from such irregularities.