Section 84 Nigerian Electoral Act 2022

Section 84 of the Nigerian Electoral Act 2022, among others, are under Part V of the Act. Part V is titled POLITICAL PARTIES.

(on the 19th of March, a Federal High Court ruled that Section 84 (12) is unconstitutional. And should therefore by removed from the Act by the Attorney General of the Federation.)

Nomination of candidates by parties

(1) A political party seeking to nominate candidates for elections under this Act shall hold primaries for aspirants to all elective positions which shall be monitored by the Commission.

(2) The procedure for the nomination of candidates by political parties for the various elective positions shall be by direct, indirect primaries or consensus.

Qualifications of Aspirants and Candidates.
(3) A political party shall not impose nomination qualification or disqualification criteria, measures, or conditions on any aspirant or candidate for any election in its constitution, guidelines, or rules for nomination of candidates for elections, except
as prescribed under sections 65, 66, 106, 107, 131, 137, 177 and 187 of the Constitution.

Direct Primaries.
(4) A political party that adopts the direct primaries procedure shall ensure that all aspirants are given equal opportunity of being voted for by members of the party and shall adopt the procedure outlined –
(a) in the case of presidential primaries, all registered members of the party shall vote for aspirants of their choice at a designated centre at each ward of the Federation;
(b) the procedure under paragraph (a) shall be adopted for direct primaries in respect of Gubernatorial, Senatorial, Federal and State Constituencies;
(c) Special conventions or congresses shall be held to ratify the candidate with the highest number of votes at designated centres at the National, State, Senatorial, Federal and State Constituencies, as the case may be.

Indirect Primaries.
(5) A political party that adopts the system of indirect primaries for the choice of its candidate shall adopt the procedure outlined –
(a) in the case of nominations to the position of Presidential candidate, the –
(i) political party shall hold a special presidential convention at a designated centre in the Federal Capital Territory or any other place within the Federation that is agreed to by the National Executive Committee of the party where delegates shall vote for aspirants of their choice,
(ii) aspirant with the highest number of votes cast at the end of voting shall be declared the winner of the presidential primaries of the political party and that aspirant’s name shall be forwarded to the Commission as the candidate of the party;

(b) in the case of nominations to the position of a Governorship candidate, the political party shall, where it intends to sponsor candidates –
(i) hold a special congress in the State Capital or any other place within the State with delegates voting for aspirants of their choice at the congress to be held on a specified date appointed by the National Executive Committee (NEC) of the party, and
(ii) the aspirant with the highest number of votes cast at the end of voting shall be declared the winner of the primaries of the party and the aspirant’s name shall be forwarded to the Commission as the candidate of the party, for the particular State;

(c) in the case of nominations to the position of a Senatorial candidate, a Member of the House of Representatives and a Member of a State House of Assembly, the political party shall, where it intends to sponsor candidates –
(i) hold special congresses in the Senatorial District, Federal Constituency and the State Assembly Constituency respectively, with delegates voting for aspirants of their choice in designated centres on specified dates, and
(ii) the aspirant with the highest number of votes cast at the end of voting shall be declared the winner of the primaries of the party and the aspirant’s name shall be forwarded to the Commission as the candidate of the party;

(d) in the case of the position of a Chairmanship candidate of an Area Council, the political party shall, where it intends to sponsor a candidate –
(i) hold special congresses in the Area Councils, with delegates voting for aspirants of their choice at designated centres on a specified date, and
(ii) the aspirant with the highest number of votes cast at the end of voting shall be declared the winner of the primaries of the party and the aspirant’s name shall be forwarded to the Commission as the candidate of the party.

(6) In the case of a Councillorship candidate, the procedure for the nomination of the candidate shall be by direct primaries in the ward, and the name of the candidate with the highest number of votes cast shall be submitted to the Commission as the candidate of the party.

(7) Where there is only one aspirant or a consensus candidate in a political party for any of the elective positions mentioned in subsection (5) (a), (b), (c) and (d), the party shall convene a special convention or congress at a designated centre on a specified date for the confirmation of such aspirant and the name of the aspirant shall be
forwarded to the Commission as the candidate of the party.

(8) A political party that adopts the system of indirect primaries for the choice of its
candidate shall clearly outline in its constitution and rule the procedure for the democratic election of delegates to vote at the convention, congress or meeting.

Consensus Candidate
(9) A political party that adopts a consensus candidate shall secure the written consent of all cleared aspirants for the position, indicating their voluntary withdrawal from the race and their endorsement of the consensus candidate.

(10) Where a political party is unable to secure the written consent of all cleared aspirants for the purpose of a consensus candidate, it shall revert to the choice of direct or indirect primaries for the nomination of candidates for the aforesaid elective positions.

(11) A special convention or nomination congress shall be held to ratify the choice of consensus candidates at designated centres at the National, State, Senatorial, Federal and State Constituencies, as the case may be.

Political Appointee not Eligible as a Voting Delegate or Aspirant.

Section 84(12) Nigerian Electoral Act 2022

(12) No political appointee at any level shall be a voting delegate or be voted for at the Convention or Congress of any political party for the purpose of the nomination of candidates for any election.
(As regards this subsection, see note supra)

(13) Where a political party fails to comply with the provisions of this Act in the conduct of its primaries, its candidate for election shall not be included in the election for the particular position in issue.

(14) Notwithstanding the provisions of this Act or rules of a political party, an aspirant who complains that any of the provisions of this Act and the guidelines of a political party have not been complied with in the selection or nomination of a candidate of a political party for election, may apply to the Federal High Court for redress.