Court backs National Assembly to regulate party nominations

Senate President David Mark

Senate President David Mark

A Federal High Court in Lagos has upheld the powers of the National Assembly to legislate on how political parties should nominate candidates for elections.

Justice Okechukwu Okeke delivered the judgment in a suit filed by the Action Congress of Nigeria (ACN), represented by its National Legal Adviser Dr Muiz Banire.

The party had sued the National Assembly and the Independent National Electoral Commission (INEC), claiming that they had no power to regulate party nomination.

ACN also sought a declaration that the provisions of Section 87 of the Electoral Act 2010 (as amended) are inconsistent with the provisions of the 1999 Constitution (as amended).

The court, however, held that the regulatory powers of the National assembly as contained in Section 228 of the 1999 Constitution gave rise to the enactment of the Electoral Act.

“All sections of the Electoral Act apply to political parties in Nigeria equally and without exceptions. The conduct of election into political offices in Nigeria is INEC’s exclusive duty. Section 87 of the Electoral Act is to ensure that there is a level-playing ground for all Nigerians; it is not aimed at the plaintiff only.

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“There is no merit in this application and it is hereby dismissed. There shall be no order as to cost.” Okeke ruled.

The ACN had urged the court to invalidate Section 87 of the Electoral Act, for being ultra vires to the powers of the National assembly and INEC.

The section regulates the manner of conducting primary elections by political parties into the offices of the President, Vice-President, Governor, National Assembly and State House of Assembly.

However, the respondents through their counsel, Mr Adindu Ugwuzor, had argued that Section 87 applied not only to ACN, but to all other political parties in Nigeria, without any exemption.

They argued that the Act did not put the applicants in any disadvantaged position, and so, is not in any way prejudiced by it.

The respondents had, therefore, urged the court to dismiss the suit for lack of competence.

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