By Okoi Obono-Obla
Political parties and their members in Nigeria have consistently demonstrated a strong tendency to violate their own guidelines, bye‑laws, regulations, constitutions, and even the Constitution of the Federal Republic of Nigeria—the supreme law of the land. In their frenzy to cut corners, they often disregard due process, flaunt naked power, and operate with impunity, reckless abandon, and lawlessness, escaping accountability. This entrenched political culture has held sway since 1999, stunting the growth of our democratic experiment.
Recognizing that such pervasive lawlessness, if left unchecked, would stagnate and derail democracy, the National Assembly has acted decisively. It has prescribed strong measures to ensure that contempt for the law by political parties, their leadership, and membership is no longer tolerated. In particular, Section 88 of the Electoral Act 2026 provides:
– Subsection (1): A political appointee shall not be a voting delegate or be voted for at the convention, congress, or primaries of any political party for the purpose of nominating candidates for any election.
– Subsection (2): Notwithstanding the provisions of this Act, where the guidelines of a political party have not been complied with in the selection or nomination of a candidate, an aggrieved aspirant may apply to the Federal High Court for redress.
– Subsection (3): A political party that fails to comply with the provisions of this Act or its own constitution shall not be allowed to present a candidate for election in the area of non‑compliance.
These provisions send a clear signal: the era of impunity is gone. Political parties must now operate within the bounds of the law or face sanctions that could cripple their existence. The National Assembly has, therefore, laid down a firm foundation for discipline, accountability, and respect for democratic norms.
A section within legislation that prescribes punishment for its infringement is generally called a penal provision or a penal clause. A penal provision is a part of a statute that imposes a punishment, penalty, or sanction on individuals or entities who violate a specific law or regulation. It is designed to deter illegal activity, ensure compliance with legal standards, and punish offenders. Such sections typically define the nature of the offence and the corresponding punishment, which can include fines, imprisonment, or forfeiture of property.
The provisions of Section 88(3) of the Electoral Act 2026 have made it imperative for political parties henceforth to obey their guidelines, bye‑laws, regulations, and constitutions in particular, as well as the Constitution of the Federal Republic of Nigeria, 1999, and other extant laws scrupulously and even religiously in the selection and nomination of candidates for general elections. Where misconduct or illegality is established by a court of law—especially when challenged by an aspirant and judgment is entered in their favour—such a political party would lose the right to field a candidate for the affected position in the general elections.
This calls for political parties to establish strong legal departments, employ experienced lawyers to man them, and ensure that seasoned legal practitioners are elected into their National Executive Committees to serve as Legal Advisers. Only through such institutional discipline can Nigerian democracy mature and thrive.
Conclusion:
The Electoral Act 2026 has sounded the death knell for impunity in party politics. Section 88 is not merely a procedural safeguard—it is a penal provision designed to enforce compliance, restore accountability, and protect the sanctity of Nigeria’s democratic experiment. Political parties must now embrace the rule of law as the cornerstone of their existence, or risk political extinction.
Leave a comment