By Okoi Obono-Obla
Abstract
This paper examines the powers of the All Progressives Congress (APC) National Executive Committee (NEC) in relation to the conduct and declaration of senatorial primary elections. It clarifies NEC’s supervisory and ratificatory role, highlights the functions of returning officers and appeal committees, and analyzes the consequences of NEC acting ultra vires under the Electoral Act 2026, the APC Constitution (2013, as amended), and the 1999 Constitution of Nigeria. Judicial precedents are reviewed to underscore the risks of NEC overreach, including nullification of primaries, disqualification of candidates, and sanctions against party officials.
Introduction
Rumours have circulated that the APC NEC is the sole body empowered to declare senatorial primary results. This assertion is misplaced. The results of the primaries held on 18 May 2026 were announced on 22 May 2026 by returning officers duly appointed by NEC. NEC’s role is limited to ratification and submission of results to INEC, not unilateral declaration or cancellation.
NEC’s Role in APC Primaries
Returning Officers
Returning officers, appointed by NEC, are entrusted with the responsibility of announcing results. Their declarations are the first binding step in the process.
Appeal Committee
The Appeal Committee reviews petitions and complaints, investigates irregularities, and makes recommendations to NEC. NEC may accept or reject these recommendations but cannot arbitrarily cancel results.
NEC’s Ratification Power
NEC ratifies results after review and authorizes submission to INEC. This ratification does not confer unilateral power to cancel or declare results outside due process.
Submission to INEC
Only the National Chairman and Secretary can forward the final list of candidates to INEC. This is the only list INEC recognizes.
Oversight and Guidelines
The APC Constitution and Guidelines for Conduct of Party Primaries stipulate:
– Supervision: NWC-appointed committees oversee primaries to ensure compliance with the Electoral Act 2026, INEC regulations, and APC guidelines.
– Reports: Returning officers submit collation sheets to state committees, which forward them to the national committee.
– Dispute Resolution: Screening and appeal panels address petitions before voting.
– Ratification: NEC ratifies results after review and authorizes submission to INEC.
– Judicial Precedents on Party Primaries
Strict Compliance Doctrine
Nigerian courts have consistently held that political parties must adhere strictly to their constitutions and the Electoral Act. Any deviation renders primaries void.
Case Law Examples
– Supreme Court Rulings: The Court has nullified primaries conducted outside party constitutions, emphasizing that INEC can only recognize candidates who emerge through lawful processes.
– Federal High Court (2026): Portions of INEC’s timetable were nullified when they contradicted the Electoral Act, reinforcing that statutory timelines cannot be compressed or ignored.
Consequences Under the Electoral Act 2026
Nullification of Primaries
Primaries conducted outside party rules or the Electoral Act can be invalidated by courts.
Disqualification of Candidates
INEC may reject candidates whose emergence violates the law.
Sanctions Against Officials
NEC members who manipulate or arbitrarily cancel results risk fines, imprisonment, or removal under electoral offences provisions.
Judicial Oversight:
Courts intervene when NEC acts ultra vires, ensuring compliance with constitutional and statutory provisions.
Risks of NEC Overreach:
– Legal Risk: Judicial nullification of primaries.
– Political Risk: Internal divisions, defections, and weakened legitimacy.
– Institutional Risk: INEC rejecting improperly submitted candidates.
Conclusion:
The NEC’s authority in APC primaries is supervisory and ratificatory, not declaratory or arbitrary. Returning officers announce results, the Appeal Committee reviews disputes, and NEC ratifies before submission to INEC. Any deviation from this process—contrary to the APC Constitution, its guidelines, the Electoral Act 2026, or Nigeria’s Constitution—risks nullification, disqualification, and judicial sanctions.
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