The Nigerian Constitution treat political parties as voluntary associations.
The courts see a political party as a “voluntary organization/association.”
As with other associations, internal decisions — e.g. who becomes leader, how offices are filled, how internal organs are constituted — are ordinarily matters for the membership under the party constitution (i.e. their internal rules) rather than for the courts.
Based on this general principle (similar to the common-law “association rule”), courts historically refrained from meddling in purely internal party disputes.
The Nigerian Supreme Court’s leading rulings: internal party disputes are non-justiciable.
In a recent judgement (in a case involving internal dispute over party offices), the Supreme Court ruled that “questions about who should hold offices in a registered political party,” or whether the party violated its own constitution in appointing or authorizing someone, “cannot be entertained by any court.”
The Court summarized that such questions are part of “internal affairs” — membership, leadership, internal administration — which the judiciary lacks jurisdiction over.
Thus, disputes between members of the same party, or between a member and the party over leadership or internal office-bearers, are normally “non-justiciable” — i.e. not for courts to decide.
There are important exceptions (when courts may intervene).
The “non-interference” rule is not absolute. Courts have recognized circumstances in which they can interfere, mostly to enforce legality, fairness, or compliance with statute under the electoral act. .
Key examples:
Under Electoral Act, 2022 (and earlier versions) — particularly Section 84(14) — if an aspirant complains that their party did not comply with the Act or the party’s own guidelines/constitution in selecting or nominating a candidate for an election, they may seek redress in court.
In other words: when internal party decisions intersect with State or National elections (e.g. candidate nominations, primaries, selection for electoral contest), courts may review to ensure compliance with the law and party rules.
Also, if a party acts in total disregard of its own constitution (or in a way that contravenes statutory law), courts have sometimes stepped in — not to run the party, but to enforce compliance and prevent arbitrariness or impunity.
The Only Statutory Law A Political Parties Owe Nigerian Constitution When Having An Elective Convention Is To Inform INEC Which Has Been Done By PDP..
THE THREE ELEMENTS THAT FORM THE LEGAL FOUNDATION OF HAVING CONVENTION
1) Whether INEC was notified at least 21 days before the convention.
2) Whether INEC acknowledged receipt of that notice.
3) Whether the National Executive Committee (NEC) formally approved the conduct of the convention.
NOTE: The three elements above form the legal foundation for evaluating the lawfulness of any party convention in Nigeria.
From facts available, the following are not in dispute:
1) INEC received proper 21-day notice of the convention.
2) INEC officially acknowledged that notice.
3) The NEC deliberated upon and approved the Ibadan Convention.
Therefore; the law presumes the convention valid because section 82 of the Electoral Act 2022 as amended and the relevant provisions of the PDP Constitution were fully complied with.
This presumption is not a matter of political interpretation, but a matter of legal doctrine repeatedly affirmed by Nigerian courts.
