(m) to take measures and do such other things as are necessary' for
conducting free and fair elections".
The Commission, therefore, has the singular duty under the Constitution as well as under
all relevant statutes, to conduct elections that are ultimately free and fair. Free elections
basically denote the right to take part in an election; and fairness denotes conducting
elections by the rules of engagement.
In the case before us, the first respondent and the second respondent challenged the
outcome of the Presidential election of 21st May, 2019, on account of what they perceive
to be irregularities in the manner that the Commission conducted the election. The details
of their respective electoral petitions will be set out later in this judgment.
The Court below found for the petitioners (now respondents) and nullified the election.
The Court went on to make consequential orders, including ordering that a fresh election
for the office of President be held within one hundred and fifty days from the date of the
judgment. This appeal is against the whole of the judgment of the Court below. We will
look at the grounds of appeal and what is specifically in contention in due course.
While we are at this stage, it is imperative that we underscore the importance and
relevance of elections in a constitutional democracy on which our system of government
is premised.
In that respect, there are two considerations. First is to ask what are
elections and, secondly, why are elections important in a democracy that is affirmed on
constitutional supremacy. It will probably be easier to approach the two questions
together.
An election relevant to a constitutional democracy is explained in the words of Said
Adejumohi, in his article 'Elections in Africa: A lading Shadow of Democracy?
International Political Science Review, Vol. 21, No. 1 59-73 at p 604