DELEGATED LEGISLATION IN NIGERIA, CARD READERS IN THE NIGERIAN ELECTORAL PROCESS AND THE PROPRIETY OF THE SUPREME COURT’S DECISION IN NYESOM WIKE & ANOR V DAKUKU PETERSIDE & ORS (2016) 1 NWLR (PT.1492) SC 71

Abstract

This essay examined the Supreme Court’s decision in the election petition that emanated from the Governorship election held on the 14^th of April 2015 in Rivers State. The focus was to extrapolate and expound the concept of delegated legislation as a possible rationale and justification for the Independent National Electoral Commission’s (INEC) use of the Smart Card Readers in the accreditation process for the said election amongst other elections conducted at that time. This paper disagrees with the decision to the extent that it insists that there must be a direct provision in the Electoral Act 2010 (As Amended) for the use of Smart Card Readers for accreditation of voters before same could be so used. It is the view in this paper that INEC by virtue of its constitutional and statutory powers to conduct elections in the country, ipso facto had a delegated power to evolve its Guidelines for the conduct of the said elections and which Guidelines make provision for the use of the Smart Card Readers for accreditation of voters.  The paper concludes by recommending that this innovative and positive electronic device can be retained for the purpose of subsequent elections in the country on the basis a delegated legislation by INEC without the necessity of going through the arduous and expensive process of amending the extant Electoral Act.