Human rights lawyer and Senior Advocate of Nigeria, Femi Falana, has said the Federal High Court has the power to entertain cases arising from illegal primary elections conducted by political parties, despite legal restrictions on judicial interference in internal party matters.
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Falana stated this in a legal commentary on Monday, May 18, 2026, titled, “The Federal High Court Is Empowered To Exercise Jurisdiction Where A Political Party Has Conducted Illegal Primaries,” where he clarified the circumstances under which aggrieved aspirants can seek redress in court over alleged breaches of the Electoral Act 2026.
According to him, although the Supreme Court has consistently ruled that courts should not interfere in the internal affairs of political parties, exceptions exist where political parties violate provisions of the Electoral Act, party guidelines, or constitutional requirements relating to the nomination of candidates.
“No doubt, the Supreme Court has ruled that the courts cannot entertain matters that pertain to the internal affairs of political parties,” Falana stated.
He added, “Ex abundanti cautela, Section 83(5) of the Electoral Act 2026 has prohibited courts from dabbling in the internal affairs of political parties.”
The senior lawyer, however, maintained that acts such as the imposition of candidates by party leaders, violations of party guidelines, and breaches of constitutional provisions relating to candidate qualification and disqualification could still be challenged before the Federal High Court.
According to Falana, “the imposition of candidates by political party chieftains and other breaches of the Electoral Act and guidelines of a political party, as well as violations of the provisions of the Nigerian Constitution on the disqualification of candidates, may be challenged at the Federal High Court.”
He further argued that the law specifically empowers the court to disqualify candidates produced through unlawful primary elections.
“Specifically, the Federal High Court is empowered to bar the candidates of a political party that failed to comply with the provisions of the Act in the conduct of its primaries,” he said.
Falana cited Section 88(1-4) of the Electoral Act 2026 in support of his position.
Under Section 88(1), political appointees are barred from serving as voting delegates or contesting at party conventions, congresses, or primaries conducted for the nomination of candidates.
The section states: “A political appointee at any level shall not be a voting delegate or be voted for at the convention, congress, and primaries of any political party for the purpose of the nomination of candidates for any election.”
He also referenced Section 88(2), which provides legal remedy for aggrieved aspirants.
“Notwithstanding the provisions of this Act or rules of a political party, an aspirant who complains that any of the provisions of this Act and the guidelines of a political party have not been complied with in the selection or nomination of a candidate of a political party for election, may apply to the Federal High Court for redress,” the section reads.
Falana said the provisions of the Electoral Act make it clear that while courts may not interfere in the ordinary internal affairs of political parties, they are empowered to act where there are proven violations of electoral laws during party primaries.
He also noted that the law does not permit courts to halt the conduct of primaries or general elections while such disputes are still pending before them.
His input comes amid ongoing controversies over the conduct of primaries by different political parties in Nigeria and allegations of imposition of candidates during primaries.
Political parties are currently conducting primaries to select candidates for various elective positions ahead of the 2027 general elections.
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