Legal Opinion on Section 83 of the Electoral Act 2026

By Okoi Obono-Obla

Introduction

This opinion addresses whether Section 83 of the Electoral Act 2026 completely bars Nigerian courts from entertaining cases involving the internal affairs of political parties. The analysis considers the text of Section 83, principles of statutory interpretation, and constitutional supremacy.

Statutory Framework:

Section 83(5) of the Electoral Act 2026 provides that no court shall entertain jurisdiction over suits pertaining to the internal affairs of political parties. However, this provision is expressly made subject to subsection (3) of the same section.

Subsection (3): Preserves limited grounds for judicial oversight, particularly where a political party fails to comply with the Constitution of Nigeria, the Electoral Act, or its own constitution and guidelines.

Subsection (5): Operates as an ouster clause, but its scope is conditional, not absolute.

Principles of Interpretation:

Holistic Reading: Statutory provisions must be read together to give effect to the legislative intent. Subsection (5) cannot be isolated from subsection (3).

Constitutional Supremacy: The Nigerian Constitution is the supreme law. Any statutory provision that attempts to oust judicial review in matters implicating constitutional rights must be narrowly construed.

Judicial Approach to Ouster Clauses: Nigerian courts have consistently held that ouster clauses do not shield unlawful conduct from judicial scrutiny.

Practical Implications:
Non-justiciable Matters: Purely internal disputes such as leadership tussles, membership discipline, or administrative decisions remain outside judicial purview.

Justiciable Matters: Where internal party decisions violate constitutional provisions, the Electoral Act, or party guidelines, courts retain jurisdiction to intervene.

NBA’s Position: The Nigerian Bar Association’s blanket warning against filing intra-party suits is overly broad. Lawyers may legitimately bring actions where subsection (3) exceptions apply.

Conclusion:
Section 83 of the Electoral Act 2026 does not completely bar courts from entertaining cases involving internal party affairs. While subsection (5) restricts judicial intervention, its operation is expressly subject to subsection (3). Courts retain jurisdiction in cases where party actions contravene the Constitution, the Electoral Act, or party rules. Thus, the ouster of jurisdiction is conditional, not absolute.