Judicialising party primaries : contemporary developments in Nigeria

Abstract

This article explores the judicialisation of party primaries in contemporary Nigeria, which is a defining feature of the country’s electoral politics. Since the inception of the Fourth Republic, the lack of internal democracy within the parties has been the source of protracted crises during nomination, and this often gravitates to the serenity of the court(s). Dominant disquisitions in legal theory contend that disputed primaries are internal party affairs; hence, they are non-justiciable. Drawing on primary and secondary data – YouTube interviews, the Constitution, the Electoral Act, judicial ruling, media reports, and personal observation – this article argues that to the extent that political parties are juridical entities, disputed primary elections are justiciable, hence a legal question to be resolved by the judiciary. To validate our argument, the article draws on Raphael’s (1970) notion of universal and compulsory jurisdiction. Our enquiry reveals that the failure of the internal mechanisms of the parties to resolve disputed party primaries accounts for aggrieved aspirants’ reliance on legal redress. While this approach has been questioned from a legalistic point of view, the constitutionality of seeking legal redress has its provenance in the change of legal regime regulating party primaries, which has shaped, reshaped, and positively impacted electoral democracy in Nigeria.