By Funmi Quadri SAN & Co

Election primaries has been on the front burner in Nigeria for the past few months considering the 2023 election is getting closer.

There has been controversy at the National Assembly as the two chambers of the parliament on Wednesday, 19th January 2021, approved different versions of the Electoral Bill, 2021. While the Senate provided for direct, indirect primaries or consensus as the procedure for the nomination of candidates by political parties for various elective positions, the House of Representatives only provided for direct and indirect primaries in its version.

The President had declined assent to the bill over the provision of direct primaries as the sole mode of conducting political parties’ primaries.

Very soon our Courts will be flooded with various pre-election matters which the party primaries come under. For Judges and lawyers who will be planning to handle election petitions, it is essential to get conversant with the legislation and authorities as regards party primaries.

As politicians who will participate in the elections, it is also important you understand the position of the law to guide you from making avoidable mistakes.

This authority covers the following issues amongst others:

a) Section 87(9) of the Electoral Act which deals with Conduct of Elections does not apply where primary elections were not held
b) An Aspirant who has incurred huge Expenses for primaries unceremoniously aborted by the political party can take Civil Suit to recoup his Losses
c) Nomination of candidates For Elections is a private Affair of the political party.

This case was held at the Court of Appeal Enugu Division in 2019 between MR. NDUBUISI KANAYOCHUKWU OKOYE V. ALL PROGRESSIVE CONGRESS (APC).

To read the full judgment, download the law companion express version for free using the link below.

https://play.google.com/store/apps/details?id=com.funmiquadrionline.ftv2

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