Section 83 Boosts INEC Authority, Curbs Court Intervention — Falana

According to human rights advocate Femi Falana, Section 83 of the Electoral Act 2026 expands the supervisory role of the Independent National Electoral Commission (INEC) over political parties while reducing the extent of judicial involvement in internal party conflicts.

The section obliges INEC to maintain comprehensive records of all registered political parties’ activities across the country. It also grants the Commission the authority to seek clarifications or information from any party suspected of breaching constitutional provisions, statutory laws, or regulatory guidelines.

Such requests can be issued to party representatives at any tier — national, state, local government, area council, or ward — depending on the nature of the matter being examined.

Political parties that fail to comply with INEC’s requests or disregard lawful instructions risk penalties of up to ₦1 million under the new law.

A key feature of Section 83 is its limitation on the jurisdiction of courts in disputes arising from internal party matters. With limited exceptions, courts are not permitted to entertain such cases.

In situations where suits are filed, the law prohibits the issuance of interim or interlocutory injunctions. Instead, judges are expected to fast-track hearings and defer rulings until final judgment.

The legislation also mandates strict financial consequences for unsuccessful claims. Upon conclusion of such cases, courts must award costs of no less than ₦10 million against both the claimant and their legal representative, in addition to any expenses incurred by INEC if it is a party to the case.

Observers note that the framework aims to strengthen oversight, enforce internal accountability within political parties, and discourage unnecessary litigation that could disrupt electoral processes.

The Electoral Act 2026 is anticipated to play a crucial role in regulating party operations and shaping Nigeria’s electoral landscape ahead of the 2027 elections.

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