Legal Expert Clarifies INEC's Absence Does Not Invalidate Party Primaries
Dr. Monday Onyekachi Ubani, a Senior Advocate of Nigeria and former 2nd vice chairman of the Nigerian Bar Association, has provided a crucial clarification regarding the role of the Independent National Electoral Commission in political party activities. According to Ubani, the absence of INEC at party congresses, conventions, or primary elections does not, by itself, render such exercises invalid under the Electoral Act 2026.
Statutory Requirements and Legal Distinctions
Ubani explained that political parties are statutorily required to notify INEC of their internal electoral activities, but the commission's physical presence is not a condition precedent for the validity of those exercises. Citing Section 82 of the Electoral Act 2026, he noted that parties must give at least 21 days' notice to INEC before holding conventions, congresses, or primaries for electing executives or nominating candidates.
The law is clear, Ubani stated. The obligation placed on political parties is to notify INEC. Failure to do so renders the exercise invalid. However, INEC's failure or refusal to attend after being duly notified does not invalidate the process. He stressed that the law draws a clear distinction between the mandatory duty of political parties to issue notice and the statutory role of INEC to observe such activities.
Judicial Precedents and Court Rulings
Relying on judicial precedents, Ubani referenced disputes arising from party primaries, including the case of Akpabio v. Ekpoudom. In these instances, the courts focused on compliance with electoral laws and party guidelines rather than INEC's physical attendance. The courts have consistently held that what is crucial is whether due process was followed, not whether INEC officials were physically present, he said.
He added that even where INEC attends a party's exercise, such presence does not cure fundamental defects, including breaches of party constitutions, electoral guidelines, or allegations of fraud. The SAN warned that treating INEC's absence as a ground for invalidating party processes would confer excessive powers on the electoral body and undermine internal party democracy.
Potential Risks and Legal Exceptions
If INEC could nullify party congresses simply by staying away, it would effectively become the determinant of party leadership, which is not the intention of the law, Ubani stated. However, he distinguished such situations from instances involving subsisting court orders, citing controversies surrounding a Peoples Democratic Party convention reportedly held in Oyo State.
According to him, where a court of competent jurisdiction restrains an exercise or bars INEC from participation, any action taken in defiance of such an order may be declared invalid. In such cases, the issue is not INEC's absence but disobedience to a valid court order, which strikes at the heart of the rule of law, he emphasized.
Circumstances That Could Invalidate Party Processes
The legal expert listed specific circumstances that could render party congresses or conventions invalid:
- Failure to notify INEC
- Defective or late notice
- Violation of party rules
- Exclusion of delegates
- Conduct carried out in breach of a subsisting court order
He maintained that strict compliance with statutory provisions and internal party regulations remains the decisive factor in determining the legality of political processes. The SAN emphasized that INEC's role is essentially regulatory and observational, warning that any misinterpretation of its powers could erode constitutional safeguards and democratic freedoms.
He concluded that once a political party has fulfilled its legal obligation by properly notifying INEC, the commission's absence cannot invalidate the outcome, reinforcing the importance of adherence to due process in Nigeria's electoral system.
