7 (ii) (b) for returning the writ; or meeting any difficulty which might otherwise interfere with the due course or the election, and provision so made shall be valid and sufficient. (2) (3) Where an extension of time granted under Subsection (1) does not apply to all electorates in which elections are being conducted at the same time – (a) the last day of the polling period shall not be more than two weeks after the date originally fixed as the last day; and (b) the date fixed for the return of the writ shall not be ore than two weeks after the date originally fixed for its return. In the case of an extension of time under Subsection (1), public notice of the extension shall be immediately given in the electorate or the portion of the electorate for which the election is to be held." It is clear from s 115 of the Organic Law that a Returning Officer subject to any direction by the Electoral Commission, has power to vary a polling schedule. In the present case, the Returning Officer has already exercised this discretion by rescheduling the polling to 8th May. The originating summons has not questioned this. If there was any further problem on the 8th May, the Returning Officer has power and could have further extended the polling schedule. In addition, the Head of State on advice of the Electoral Commission under s 177 of the Organic Law may extend the polling period or for returning of the writ. Where power is expressly given to the Electoral Commission and its officials, the courts should not interfere in the election process. This point was considered by Woods J in Thomas Negints v The Electoral Commission (Unreported Judgment of the National Court dated 24th June 1992, N1072). In an originating summons, a candidate sought fresh polling in certain villages. The application to the Court was based on the alleged destruction of ballot boxes before they could be counted. The Court held at page 2: "The Organic Law itself makes no reference to the National Court stepping in and making orders for the carrying out of the election however it does provide the Electoral Commission with fairly wide powers and discretion to act in s 147 to adjourn the polling for any cause or in s 178 to extend the time for polling where he considers it necessary. The Electoral Commissioner therefore has fairly wide powers for dealing with problems. This is an area of Executive Government and Administration. The National Court of course has wide powers to make orders as are deemed necessary see s 155 (4) of the Constitution but that does not mean that it should exercise such powers too freely. The Electoral Commissioner is the expert in the running of elections, he is the person with responsibility to ensure elections are run properly, a Court should be very careful before it steps in to overrule the discretions and

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