As Nigeria prepares for the 2027 elections, growing legal concerns have emerged over the implications of INEC absence at political party activities, particularly under the Electoral Act 2026, with analysts insisting that such absence does not invalidate properly conducted party congresses.
Senior Advocate of Nigeria, Dr. Monday Ubani, in a detailed legal analysis, maintained that Nigeria’s electoral framework is clear on the obligations of political parties and the Independent National Electoral Commission, INEC, stressing that compliance with statutory requirements under the Electoral Act 2026 remains the determining factor in validating party congresses, not mere INEC absence.
Electoral Act 2026 and mandatory notice
Ubani explained that Section 82 of the Electoral Act 2026 mandates political parties to give INEC at least 21 days’ notice before conducting party congresses, conventions, or primaries. “The use of the word ‘shall’ is legally significant. It denotes compulsion,” he stated.
According to him, while political parties are under a strict obligation to notify INEC, the Commission’s role is to attend and observe such processes, making INEC absence insufficient to invalidate party congresses conducted in line with the law.
He emphasised that the law clearly sanctions failure to notify INEC, not the Commission’s failure or refusal to attend.
“Failure by a political party to notify INEC as required renders the congress, convention, conference, or meeting invalid,” Ubani noted.
Courts clarify INEC absence
Ubani further cited judicial precedents affirming that INEC absence does not automatically nullify validly conducted party congresses, provided due process under the Electoral Act 2026 is followed.
Referencing the case of Akpabio v. Ekpoudom, he said the courts focused on compliance with statutory provisions and party guidelines rather than the physical presence of INEC officials.
“There was evidence that notice had been given to INEC, but the Commission chose not to attend,” he explained.
He added that even where INEC attends, such presence does not validate processes conducted in breach of party constitutions or electoral laws.
“INEC cannot frustrate a party’s internal democratic process simply by staying away after due notification,” he said.
Court orders and legal exceptions
Ubani, however, drew a distinction where a subsisting court order exists, noting that such circumstances could invalidate party congresses, irrespective of INEC absence.
He referenced the controversy surrounding a Peoples Democratic Party, PDP convention in Oyo State, where reports indicated that the exercise proceeded despite a restraining court order.
“Any political exercise conducted in defiance of a subsisting court order is exposed to nullification,” he warned.
According to him, the invalidity in such cases arises not from INEC absence, but from disobedience to judicial authority.
He stressed that compliance with the Electoral Act 2026, adherence to party rules, and respect for court orders are the critical tests for determining the legality of party congresses.
Ubani concluded that the law strikes a careful balance between regulation and democratic autonomy, insisting that INEC absence alone cannot invalidate party congresses conducted in full compliance with the Electoral Act 2026.
He maintained that as long as political parties issue the required notice, follow due process, and avoid violating court orders, their internal democratic processes remain legally valid, reinforcing confidence in Nigeria’s evolving electoral system ahead of the 2027 elections.
