What is a Pre-Election Matter? Section 285(14) of the Constitution of Nigeria, 1999 as amended by the Fourth Alteration Act, No: 21 of 2017, clearly defines a “Pre-Election Matter” thus: “For the purpose of this section, ‘Pre-Election Matter’ means any suit by; (a) An aspirant who complains that any of the provisions of the Electoral Act or any of the National Assembly regulating the conduct of primaries of political parties and the provisions of the guidelines of a political party for the conduct of party in respect of the selection or nomination of candidates for an election; (b) An aspirant challenging the actions, decisions or activities of the Independent National Electoral Commission in respect of his participation in an election or who complains that the provisions of the Electoral Act or any Act of the National Assembly regulating elections in Nigeria has not been complied with by the Independent National Electoral Commission in respect of the selection or nomination of candidates and participation in an election; and (c) A political party challenging the actions, decisions or activities of the Independent National Electoral Commission disqualifying its candidate from participating in an election, or a complaint that the provisions of the Electoral Act or any other applicable law has not been complied with by the Independent National Electoral Commission in respect of the nomination of candidates of political parties for an election, time table for an election, registration of voters and other activities of the commission in respect of preparation for an election” In the case of INEC & ANOR vs. ETENE (2013) LPELR-22108 the Court of Appeal had this to say on the subject: “In everyday terms, pre-election matters are complaints in respect of issues which arise before and therefore precede the holding or conduct of an election. Post-election matters on their part are matters which arise from or relate directly to the actual conduct of an election about which candidates and political parties who contested the election are dissatisfied with on any of the cognizable grounds stipulated in the Electoral Act.” In yet another decision of the Court of Appeal in the case of TUKUR IBRAHIM Vs. ALHAJI YAHAYA ISHAQ UMAR & ANOR (2013) LPELR- 22805, per BDLIYA, JCA, the Court had the following to say on the subject: “In the Electoral process parlance, what is meant by ‘pre-election’ matter(s)? In the case of ADEOGUN vs. FASHOGBON (2008) 17 NWLR (PT. 1115) 149 AT 181, the dictionary meaning of the word: ‘pre’ is ‘before’ and when used as a prefix to the noun ‘election’, it therefore means before the election. In other words, pre-election matter means actions, conducts or any event taking place or occurring before the election”.


In other words, “Pre-Election Matters”, simply refer to matters, events or occurrences, which take place before the conduct of Elections. I think it would be apt to say that the word: ‘election’ means the process of choosing by popular votes the, a candidate for political office in a democratic government. It goes without saying therefore that any preparation or process embarked upon by a political party in preparation for an election can as well be regarded as: ‘Pre-Election’ or prior to the election or before the election as opposed to post-election, which would obviously relate to any exercise or process done after the election. The process or exercise embarked upon by a political party such as congress, nomination exercise, et cetera are all pre-election matters or exercise?


Against the backdrop of the foregoing, what seem to be consistent and stands out in all of these definitions of the expression: “Pre-Election Matter” both from the stand point of Section 285(14) of the Constitution of Nigeria, 1999 as amended by the Fourth Alteration Act, No: 21 of 2017 and the numerous pronouncements made on the subject by the Court of Appeal and the apex Court and is that the primaries or congresses, which must be subject of complaint, to qualify to be christened a pre-election matter must have been one embarked upon by the given political party in preparation for an election and in such a manner that the said congresses or primaries must have led to the nomination of candidates for an election that is yet to hold.

Davidson Duru Esq.

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