ADC chairmen to NWC: Respect Lagos gov primary outcome, shun imposition

The call by the African Democratic Congress (ADC) local government area chairmen in Lagos State for the party's National Working Committee (NWC) to uphold the outcome of the governorship primary highlights persistent challenges in Nigeria's internal party democracy. This development underscores the critical importance of adherence to party constitutions and the provisions of the Electoral Act 2022, particularly concerning candidate nomination processes. Legal professionals must understand the evolving jurisprudence on pre-election matters, where courts increasingly intervene to ensure parties comply with their own rules and statutory requirements, moving away from the strict 'internal affairs' doctrine. The potential for litigation arising from such disputes necessitates robust internal mechanisms and strict compliance to avoid judicial nullification of electoral outcomes.

This incident underscores the critical need for political parties to adhere strictly to their own constitutions and the provisions of the Electoral Act, 2022, which governs the conduct of primaries. For legal practitioners, understanding the nuances of these regulations and the evolving judicial posture on pre-election matters is paramount. This article will delve into the statutory and doctrinal context of party primaries in Nigeria, analyze key judicial pronouncements that have shaped the landscape of internal party disputes, and explore the implications for political parties and the broader democratic process.

INEC plays a crucial role in monitoring these primaries, ensuring that political parties adhere to election guidelines and regulations for candidate selection and party operations. The Commission scrutinizes the qualifications and eligibility of candidates, and parties must submit their list of candidates who emerged from valid primaries not later than 180 days before the general election. Historically, Nigerian courts maintained a stance of non-interference in the 'internal affairs' of political parties, viewing candidate nomination as a domestic right. However, this position has significantly evolved, particularly with amendments to the Electoral Act, which now grant aggrieved aspirants a clear avenue for judicial redress, thereby strengthening internal party democracy. The African Democratic Congress (ADC), like other political parties, operates under its own constitution, which outlines its workings, aims, and principles, all of which must align with the supreme law of the land.

The ADC chairmen's call for respect for the primary outcome aligns with these legal developments. Any attempt by the ADC NWC to impose a candidate contrary to the results of a validly conducted primary would likely be challenged in court. The party's own constitution, which is subject to the national Constitution, would also be a key document in such litigation, alongside the Electoral Act 2022. The Supreme Court's resolution of the *Makarfi v. Sheriff* (2017) leadership tussle in the Peoples Democratic Party (PDP) further highlights the judiciary's role in upholding party constitutions and convention decisions, reinforcing the idea that internal party rules, when violated, can be a basis for judicial intervention.

Practitioners should advise parties to maintain meticulous records of their primary processes, including notices to INEC, delegate lists, and voting results, to withstand potential legal challenges. Aspirants, on their part, must be vigilant and prepared to invoke the jurisdiction of the Federal High Court under Section 84(14) of the Electoral Act 2022 if their rights are infringed upon. The judiciary's continued role as a bulwark against impunity in party primaries is crucial for strengthening Nigeria's democratic institutions and ensuring that the will of party members, as expressed in primaries, is respected.