Summary ECP’s request to judiciary to supervise the general elections is contrary to the Constitution.
This was said by Free and Fair Election Network (FAFEN), which urged the National Judicial Policy-Making Committee (NJPMC) to honor its 2009 decision that the judiciary will not be involved in administering electoral processes.
The Constitution provides for executive officials to assist the ECP in administering elections.
Article 220 states that “It shall be the duty of all executive authorities in the Federation and in the Provinces to assist the Commissioner and the Election Commission in the discharge of his or their functions”.
The judiciary is a separate constitutional institution and is not part of the executive.
FAFEN said that Article 218 (3), which may be used to justify judiciary’s involvement in the election administration, however, restricts the Election Commission to make such arrangements as are necessary to ensure that the election is conducted honestly, justly, fairly and in accordance with law.
