In Nigeria, the Independent National Electoral Commission (INEC) is the body responsible for conducting elections and issuing certificates of return to successful candidates.
However, in some cases, INEC may withdraw a certificate of return from a candidate who has been declared the winner of an election. This can happen when there is a violation of the Electoral Act.
According to the Electoral Act, there are several circumstances under which the certificate of return can be withdrawn from a candidate. The Electoral Act provides that the certificate of return shall be withdrawn if the person to whom it was issued was not qualified to contest the election or if it was issued in error.
This means that if INEC discovers that the candidate was not qualified to contest the election or if there was a mistake in issuing the certificate, it can be withdrawn.
In addition, the Electoral Act provides for a situation where a candidate can have his or her certificate of return withdrawn after being declared the winner of an election. This can happen when the election is challenged and the court declares that the candidate was not validly elected.
In such a case, INEC must withdraw the certificate of return and issue a new one to the candidate who was declared the winner by the tribunal.
The withdrawal of a certificate of return can have serious consequences for the affected candidate. It means that the candidate can no longer hold the position for which he or she was elected, and any actions taken while in office can be challenged.
The candidate may also face legal consequences, depending on the circumstances of the withdrawal. However, the affected candidate has the right to challenge the withdrawal of the certificate of return in court.
This is provided for in the Electoral Act, which states that the affected candidate may apply to the court for an order directing INEC to issue him or her with a certificate of return.
The withdrawal of a certificate of return from a candidate is a serious matter. The goal of such provisions is to ensure that only qualified candidates who have been validly elected are allowed to hold public office.
