LEGALITY OF PARTY PRIMARIES AND NOMINATION OF CANDIDATES IN NIGERIAN ELECTORAL PROCESS

Abstract

The conduct of party primaries and nomination of candidates constitute a fundamental aspect of Nigeria’s electoral and democratic process. Political parties serve as the primary vehicles through which candidates emerge for elective offices, and the legality of their internal nomination procedures has continued to generate intense judicial and academic scrutiny. This study examines the legal and constitutional framework governing party primaries and candidate nomination in Nigeria, with particular reference to the provisions of the Constitution of the Federal Republic of Nigeria 1999 (as amended), the Electoral Act 2026, guidelines issued by the Independent National Electoral Commission (INEC), and judicial decisions of Nigerian courts. The work analyses the different forms of party primaries, including direct and consensus primaries, and evaluates the extent to which political parties comply with statutory requirements in the nomination process. The study further investigates the recurring challenges associated with party primaries in Nigeria, such as imposition of candidates, manipulation of delegates’ lists, exclusion of aspirants, vote-buying, lack of internal party democracy, and abuse of party supremacy. Attention is also given to the jurisdiction of courts in pre-election disputes arising from party primaries and the legal rights of aspirants to challenge unlawful nomination processes. Through doctrinal and analytical methods, the study reviews relevant judicial authorities that have shaped the jurisprudence of candidate nomination and internal party democracy in Nigeria. The paper argues that although the law recognizes political parties’ autonomy in managing their internal affairs, such autonomy is not absolute and must operate within constitutional and statutory boundaries. The research concludes that transparent and credible party primaries are indispensable to democratic consolidation, electoral integrity, and good governance in Nigeria. It recommends stricter enforcement of electoral laws, greater judicial consistency, improved internal party democracy, and enhanced oversight by INEC to ensure fairness and credibility in the nomination of candidates for public office.