WHETHER DOCUMENTS KEPT WITH THE INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) ARE PUBLIC DOCUMENTS?

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WHETHER DOCUMENTS KEPT WITH THE INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) ARE PUBLIC DOCUMENTS? 

by Branham Chima. 


✓ DEFINITION(S): 

Documents: refer to any material on which information is recorded or stored by any means, including writing, printing, electronic or mechanical recording, or any other form of data storage. This can include papers, letters, contracts, photographs, audio or video recordings, and electronic files. 

Public documents: are official records that are maintained by government agencies or public institutions. These documents are created, issued, or kept by a public officer in the course of their official duties. Examples of public documents can include birth certificates, marriage certificates, government reports, court records, and official publications. 


✓ ANSWER: 

In simple terms, the Independent National Electoral Commission (INEC) keeps track of everything that registered political parties do, including their important documents like the Constitution and Guidelines, specifically for their primary elections. These records are considered public documents because they are under the control of INEC, as required by the Electoral Act. However, if there are any other copies of the party documents that are not given to INEC, they are considered private documents. 

In Tukur v. Mustapha (2023) 13 NWLR Pt. 1900 S.C. on this point stated thus, ‘It is correct that the Independent National ElectoralCommission (INEC) keeps records of the activities and all documents of registered political parties,including the Constitution and the Guidelines, for their primary election. Such records in the custody of INEC in keeping with section 83(1) of the Electoral Act constitute public documents. But other copies of the party documents that are not submitted to the custody of INEC as part of its records of the activities of a political party pursuant to section 83(1) of the Electoral Act remain private documents. (Pp. 52-53, paras. H-A)’. 


✓ KEY POINTS: 

1. The Independent National Electoral Commission (INEC) keeps records of the activities and documents of registered political parties, including their Constitution and Guidelines. 

2. These records are specifically maintained by INEC for the purpose of primary elections. 

3. The records kept by INEC, in accordance with section 83(1) of the Electoral Act 2022, are considered public documents. 

4. Other copies of party documents that are not submitted to INEC as part of its records remain private documents. 

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