presidential candidates. The question then is what is the effect of
the non-prescription regarding presidential candidates?
[63] Article 1(1) speaks of the supremacy of the Constitution and
legislation promulgated under it ought to be in furtherance of the
constitutional dictates. We accordingly find that there is merit in the
Petitioner's argument that the 1st Respondent is mandated to
publish the nomination papers and affidavits of presidential
candidates by Article 52 (3). However, the same Article 52 (3)
requires that this should be prescribed in an Act of Parliament or
regulations before the information can be published. In the
absence of the prescription for presidential candidates, the 1st
Respondent cannot be held to have contravened Article 52 (3) of
the
Constitution
by
the
non-publication.
We
reiterate that
Parliament was mandated by Article 52 (3) to enact a law to guide
this. That law does not currently exist with regard to presidential
candidates.
[64] This is a very unfortunate situation. We further note that two
general elections, in 2016 and 2021, were held without this issue
being brought to the fore. We note the assurances by the 2nd
Respondent to address this issue. This is commendable. We
consequently
urge
Parliament
to
address
the
lapse
and
expeditiously bring the Electoral Process Act and the Regulations in
full conformity with Article 52 (3) of the Constitution with respect to
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