“I take it to be an elementary rule of constitutional
construction that no one provision of the constitution
is to be segregated from all the others and considered
alone but that all the provisions bearing upon a
particular subject are to be brought into view and to
be so interpreted as to effectuate the great purpose of
the instrument.”
[196] Whereas the petitioners listed a host of Articles of the Constitution
which they alleged to have been violated, we would like to zero in on Article
10 which obliges all State organs, State Officers, public officers and all
persons to observe national values (inter alia, good governance, integrity,
transparency and accountability) whenever they apply and/or interpret the
Constitution or other law or implement public policy decisions; Article 38
which sets out the political rights including the right to free, fair and
regular elections based on universal suffrage and the free expression of the
will of the electors; Article 81 which sets out the principles to be observed in
the conduct of free and fair elections; Article 86 which sets out the manner
of conducting referenda and elections; Article 88 which establishes the
IEBC and enumerates its functions the paramount one being conducting
and supervising referenda and elections; and Article 138 which sets out the
procedure for conducting presidential elections. These Articles have to be
read together to effectuate the purpose of electoral processes in our
country.
[197] Particularly, under Article 38, besides the right to be registered as a
voter and to vote in any referenda or election as well as the right to contest
in any public elective position, every citizen of this country is entitled to the
right to free, fair, and regular elections based on universal suffrage. Article
81(e) requires, in mandatory terms, that our electoral system “shall
Presidential
Petition
No.
1
of
2017
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