political parties – their role in nomination of candidates and other electoral matters • Helar

Q1471. Can the court stop a party from admitting any person or group of persons as its members?

No. Membership of a political party is the domestic affair of the party concerned and the court has no jurisdiction to determine otherwise. See Anyanwu v Ogunewe (20140 8NWLR (pt. 1410) 437 @ 470

Q1472. We have satisfied all requirements for the purpose of merger as stated by INEC. However, INEC is insisting that our symbol goes contrary to what can be approved. Can INEC reject the registration of a political party on the basis of mere issue of Party Symbol?

While INEC cannot indiscriminately refuse to register a new political party which had satisfied the necessary requirements for registration, INEC can nevertheless refuse to register a political party where; 1. It uses a symbol previously used by another political party whether existing or has ceased to exist; 2. Where the symbol used is offensive; 3. Where the proposed party to be registered has failed to pay the necessary fees 4. Where the symbol used is associated with the official acts of the Government, Cult Group, Chief’s Regalia, Religion or the portrait of a person living or dead. See Section 79 Electoral Act 2022

Q1473. Are there any specific set down rules that a political party must abide by in the process of nominating its candidates who will represent them in a general election or is the process of doing so is considered entirely within the domestic domain of the party to do as it pleases its leadership?

The process of nomination of candidates for elections is not one done solely at the whim of the political parties. Political parties are as a matter of fact mandated to choose their candidate for the purpose of a general election only by DIRECT or INDIRECT Primary election, or by CONSENSUS method. (A primary election is one that is done only within the party by the registered and card-carrying members of the party voting for the aspirant of their choice). A political party seeking to nominate candidates for general election must hold a primary election, whether it is the Direct or Indirect nature, and allow every member of the party or the Delegates earlier selected through an approved process, to vote for the aspirants of their choice.

Where the party adopts the Consensus option it means that all the Aspirants for the particular position, would be in agreement (indicated by written consent) that a particular aspirant is accepted by all of them to fly the party flag in the race for the particular office. If any one of the aspirants insists on the primary election being conducted to choose the flag bearer, the Consensus option must be seen as having failed and the party will have to revert to Direct or Indirect primary election method. See Section 84(1)(2) & (9) Electoral Act 2022.

Q1474. Engr. (Chief) Donatus, the current Minister of Petroleum is vying for the presidential ticket of his party. Chief Donatus who is popularly called “our Oil money” has approached his friends most of whom are political appointees and upon whom he is relying to win the primary election to solicit for their vote in the forthcoming party primary election, promising them, 2 oil wells each. However, Chief Donatus has refused to resign his appointment. How reasonable is his reliance on other political appointees and what effect will his remaining in office have on him if by chance he wins party’s primary election?

Chief Donatus is standing on a quicksand. He should be aware that the recent amended Electoral Act has made it unlawful for persons who are holding political offices as appointees to vote or be voted for at the convention or congress or primaries of any political party for the purpose of the nomination of candidate for any election except they have resigned their appointments. Chief Donatus is advised to resign his appointment immediately and seek for the votes of persons not holding political appointment otherwise his desire of winning his party’s presidential ticket will fail because not only will he be ineligible to stand as an Aspirant both he and the other political appointees he is counting on, are not qualified to vote at the party Convention/Primary election. See Section 84(12) Electoral Act, 2022. Should his party allow him to act so unlawfully, and he gets nominated, INEC will not include his name as a candidate for that election – S. 84(13) of the Electoral Act, 2022.

Q1475. At what point will the court interfere with the conduct of a political party’s primary election which ordinarily is regarded as the party’s internal affairs?

Ordinarily, Political Parties are self-sustaining, with no external or undue interference. However, political parties must ensure that they abide by the principles and tenets of the Constitution of the Federal Republic of Nigeria 1999(as amended), their Party Constitution and Primary Election Guidelines as laid down in their desire to be independent. Thus where political parties act indiscriminately and arbitrarily, contrary to their own set laws, rules and principles, and any of their members feels aggrieved enough to challenge the action, the court will readily interfere with its decision. See PDP v Sylva (2012) 13 NWLR (Pt. 1316) 85 @ 125; Nagogo v CPC (2013) 1NWLR (pt. 1339) 448

Q1476. There are these two political parties that have always been dominant in Nigeria. However, the INDABOSKI PEOPLE’S PARTY have vowed that this forthcoming election is a do or die affair. While they have a big political juggernaut in their fold for the Presidential Position, the INDABOSKI PEOPLE’S PARTY are looking at the possibility of merging with KATA KATA PEOPLE’S PARTY and possibly picking a candidate from the latter’s fold for the vice presidential position. The INDABOSKI PEOPLES PARTY believes that with this done, victory in the Presidential race is assured. Is it possible to merge two independent parties for the purpose of an election?

Merger of Political Parties are always welcomed in an election in so far as such merger is done in accordance with the laid down conditions. It is not illegal for two or more political parties to come together and form a grand alliance for the purpose of having a chance at a particular position they aim for in an election. However, for this merger to be possible, a formal request must be submitted by the parties involved for approval by INEC. See Section 81(1) Electoral Act 2022

Q1477. Political analysts are saying that since the general election is only twelve months away, the possibility of merger is no more in existence. Is this correct?

No. Mergers of political parties can be done at any time in so far as Notice for such merger is given to INEC at least Nine (9) Months before the date slated for the general election by each of the merging parties. The Chairman, the Secretary and Treasurer of each of the parties shall be the signatories of the Notice by their own party. The other requirements are well spelt out in Section 81(2) Electoral Act 2022.

Q1478. “HEAVEN MUST ANSWER PEOPLE’S PARTY” have a huge number of aspirants vying for its presidential ticket. However, to foster the spirit of oneness and promote unity, the party wants to adopt a consensus candidate and avoid primary election which may generate bad blood. How can this be done?

Seeing that several persons are vying for the presidential ticket of HEAVEN MUST ANSWER PEOPLE’S PARTY, the party can only arrive at a consensus if it can secure the voluntary withdrawal in writing of all the aspirants for that same office save the consensus candidate. These potential aspirants must not only withdraw but also endorse the consensus candidate, and must do so in writing. See Section 84(9) Electoral Act 2022.

Q1479. All presidential aspirants of “HEAVEN MUST ANSWER PEOPLE’S PARTY” have voluntarily withdrawn for the party’s consensus candidate except “ALHAJI TODAY NA TODAY” who insists that it is his turn to be president, and that occupying that seat has been his sole ambition in life. He insists that there are only three things of which one must happen – that heavens come crashing down on everybody to frustrate the entire electioneering processes or he be made the party’s consensus candidate, or a primary election be organized for all the aspirants. The party EXCOS that have their eyes fixed on another of the aspirants are worried and are at a loss as to what to do. What is the way out for the party?

Where a political party is unable to secure the written consent of all cleared aspirant for the purpose of a consensus candidate, the party will have no choice than to revert to the choice of direct or indirect primaries for the purpose of validly nominating their candidate. See Section 84(10) Electoral Act 2022

Q1480. We have submitted our application for a merger and have paid the requisite fees. However, INEC is yet to communicate to us 100 days after the date of submission of our application for merger. What can we do?

The law is that upon the submission of an application for merger, INEC is expected to communicate its decision within 60 days of such submission. Where INEC fails to do this, the party is at liberty to approach the court within 14 days from the expiration of the 60 days period aforesaid to challenge the decision or indecision of INEC by establishing that they have satisfied all constitutional requirement for the merger. See Section 81(4) Electoral Act 2022.

Q1481. How valid is the primary election conducted by the State Executive Committee of STOMACH INFRASTRUCTURE PEOPLES’ PARTY?

A primary election conducted by the State Executive Committee of a party even with the involvement and supervision of the National Executive Committee of the Party is illegal. The power to conduct primaries for the election of the Party’s candidates is vested on the National Executive Committee alone. Sec 84 Electoral Act 2022; Yardua v Yandoma suit number SC.4/2014 delivered 19th December 2014

Q1482. Chief Donatus is bullish and has threatened to withdraw his oil money and support from the party if he is not allowed to contest the primaries. Will there be any effect if his party is cowed into allowing Chief Donatus to contest, and possibly emerges victorious?

Yes, as earlier stated, where Chief Donatus and his party refuse to comply with Section 84(12) of the Electoral Act, 2022, and he, Chief Donatus, emerges victorious, Chief Donatus (his party symbol) will not be included for that position on the ballot box by INEC on the day of the general election. So, they would have so disqualified themselves and lost the opportunity to participate in that election. See Section 84(13) Electoral Act 2022.