candidates but omits the presidential candidates. This regulation is
apparently giving effect to Article 52 (3) which mandates the
publication of nomination papers and affidavits of candidates. What
this means is that while Article 52 (3) of the Constitution provides
for the publication of nomination papers and affidavits for all
categories
of
candidates,
the
Process
Electoral
(General)
Regulations, 2016, however, does not provide for publication of
nomination papers and affidavits for presidential candidates out of
all the other categories of candidates.
[62] It is not clear why the Electoral Process (General) Regulations,
2016
only
provides
for
the
publishing
of
information
for
parliamentary, mayoral and local government candidates when
Article 52 (3) applies to presidential candidates as well. Thus, we
are of the considered view that there was partial effecting of Article
52 (3) of the Constitution by regulation 20 (2) in that one category
of candidates, namely, presidential candidates were omitted in the
prescription. However, the Petitioner has not raised the issue of
regulation 20 (2) being in contravention of Article 52 (3) of the
Constitution by reason of the omission or partial effecting of the
constitutional provision and the parties did not submit on this issue.
We are therefore constrained to comment on it any further. Suffice
to state that based on the omission in prescribing for presidential
candidates, it follows that in line with the argument by the 1st and
2nd Respondents, there has been no Act of Parliament or
regulations giving effect to Article 52 (3)
J26
with respect to
Sélectionner le paragraphe cible3
Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières