Falana Clarifies Court Powers on Political Party Disputes Under Electoral Act

Renowned human rights advocate and Senior Advocate of Nigeria (SAN), Femi Falana, has made a significant declaration regarding the judiciary's authority in political party disputes. He stated that no court within Nigeria possesses the power to grant interim or interlocutory injunctions when dealing with issues internal to political parties.

Falana's position, articulated in a statement on Saturday, hinges on the provisions of Section 83 of the Electoral Act 2026. He quoted the Act, which specifies, "No court in Nigeria shall entertain jurisdiction over any suit or matter pertaining to the internal affairs of a political party."

He further elaborated on the procedural implications, stating, "Where such an action is brought in negation of this provision, no interim or interlocutory injunction shall be entertained by the Court, but the Court shall suspend its ruling and deliver it at the stage of final judgment and shall give accelerated hearing to the matter."

The Act also outlines punitive measures for frivolous litigation in this area. According to Falana, "Furthermore, the court shall, at the conclusion of the matter, impose costs of not less than N10,000,000.00 on the counsel who filed the action and not less than N10,000,000.00 on the plaintiff/applicant. The party may also be required to pay the commission any costs, including solicitors’ fees incurred where it is joined as a party."

Falana stressed that these stringent provisions are intended to prevent the judicial system from being overwhelmed by internal party conflicts and to ensure adherence to the oversight responsibilities of the Independent National Electoral Commission (INEC).

"This is a clear signal that intra-party matters must be resolved within the party structure or under the supervision of the commission. Courts are to intervene only at final judgment, not at interim stages," he explained.

The Electoral Act 2026 also imposes obligations on INEC to maintain records of all registered political parties. The commission is empowered to seek clarifications from party officials at any level and to levy fines of up to N1 million on parties that fail to adhere to lawful directives.

Falana characterised the legislation as a vital step towards regulating the conduct of political parties and upholding the integrity of Nigeria's electoral framework.

Sunday Ehigiator contributed to this report.