The Federal Capital Territory High Court in Maitama, Abuja, has dissolved all diaspora chapters of the All Progressives Congress (APC), ruling that they are illegal and unconstitutional. Justice Peter Kekemeke delivered the judgment on Wednesday in a suit filed by the Independent National Electoral Commission (INEC), bringing an end to the long-running controversy over the existence and operation of foreign branches of Nigerian political parties.
Court orders transfer of funds to INEC
The judge ordered the APC to transfer over N30 million generated from the sale of nomination forms to INEC, ruling that the party had no legal authority to raise such funds outside Nigeria. "The first defendant has no legal power and capacity to establish, hold, maintain, recognise, supervise or monitor and or receive or maintain or solicit or receive funds from any person of his political party membership in the Executive Committee of Governing Council outside the territory of the Federal Republic of Nigeria," Justice Kekemeke stated.
Constitutional obligations on foreign donations
The court declared that any political party must notify INEC and account for all donations received from outside Nigeria within 21 days, as required by Section 254 of the 1999 Constitution. "It is further declared that the first defendant is under a statutory and mandatory obligation to notify, account, develop all forms of access to financial donations received from persons in the diaspora and organisations outside the territory of the Federal Republic of Nigeria to the second defendant, within 21 days time frame," the judge held.
INEC suit and court findings
INEC filed the suit marked No: CV/187/2025, urging the court to nullify the APC UK Diaspora chapter. The court held that diaspora chapters of Nigerian political parties are illegal, unconstitutional, and unknown to Nigerian laws. No political party registered in Nigeria has the constitutional authority to maintain, establish, or conduct congresses outside the country's territorial boundaries. However, the judge noted that Nigerians in the diaspora can support and mobilise for their preferred candidates in Nigeria, but political parties are not constitutionally permitted to have chapters abroad.
Offences and penalties
According to the court, any political party, individual, or group that operates, sponsors, promotes, or associates with a diaspora chapter of a Nigerian political party commits an offence. The judge also held that any individual or group chairing or managing such a chapter and soliciting membership dues or other financial contributions commits an offence punishable by a fine of N5 million and imprisonment.
Orders to dissolve and restrain
Justice Kekemeke ordered the APC to dissolve all executive committees or governing bodies of the party in the United Kingdom and anywhere else in the diaspora outside Nigeria. The court also restrained the APC from establishing, constituting, or maintaining any sector of the party in the UK or anywhere in the diaspora outside Nigeria.
INEC's criticism and recovery of funds
INEC had criticised the conduct of the APC congress in the UK, stating that its activities fell outside the constitutional and legal framework governing political parties in Nigeria. The commission informed the court of its intention to recover all monies unlawfully collected in connection with the purported diaspora congress, estimated to exceed N30 million. The court granted all 14 prayers of the claimant, including five mandatory orders supported by the commission.
