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