INEC Highlights Challenges in Political Party Internal Democracy
The Independent National Electoral Commission (INEC) has identified a significant issue affecting Nigeria’s electoral process: the lack of internal democracy and leadership disputes within political parties. According to INEC Chairman, Prof. Joash Amupitah, 75% of pre-election litigations the commission is involved in stem from these issues.
During an interview with newsmen in Awka, Amupitah expressed concern over the impact of these challenges on both the electoral process and Nigerian democracy. He emphasized that the time and financial resources spent on legal battles could be better utilized elsewhere.
“Every party going to court must join INEC. When INEC is joined, the commission must go to court and engage lawyers; we pay for them, which is not cheap,” he said. “This bothers me because of the money and the time wasted.”
Amupitah pointed out that many of these litigations are related to leadership disputes and irregularities in primary elections. He noted that some parties conduct their primaries in violation of their own constitutions, leading to legal conflicts.
He also highlighted that while Nigerians closely monitor the country’s elections, they often overlook the recruitment processes and internal democracy of political parties. This, he argued, is a critical area that needs attention.
INEC, tasked with monitoring political parties, is working to enhance its “monitoring capabilities” to ensure better regulation. However, Amupitah acknowledged that there are still loopholes in the law that allow for ongoing leadership problems within parties.
“In fact, as you were speaking, an Abuja Federal High Court said PDP don’t hold conventions. Another order from Ibadan says PDP must hold a convention,” he added.
New Party Registration and Legal Obligations
When asked about new party registration, Amupitah stated that INEC is legally obligated to register political associations that meet the required criteria. He cited a court case involving Musa and INEC, where the Supreme Court affirmed that it is part of INEC’s constitutional duty to register political parties.
“We are constrained in several ways. If you meant the requirement of the Constitution and of the Electoral Act, of course, the freedom of association. That was the argument of the courts,” he explained. “As we speak today, we are looking at some applications. So if you meet the criteria that are established, after proper evaluation and monitoring, then we can consider registration of additional political parties.”
Special Courts for Election Matters
Regarding calls for a special court to handle election-related matters, Amupitah clarified that election tribunals already serve this purpose. He noted that creating another special court would require a constitutional amendment, a process he described as complex and time-consuming.
“Let me also say that the election tribunals established under the constitution are also special courts because they are courts specifically for the purpose of the election,” he said. “After the election proceedings, up to the Court of Appeal, they cease to be election petitioner tribunals. Even though they are manned by regular judges.”
Amupitah provided an example of how this works: “For instance, when the Court of Appeal is exercising its powers as a presidential election tribunal, it’s not the Court of Appeal anymore; it’s a special court. Even if you’re sitting in Abuja, you don’t have the same panel in Abuja. A special panel is created for that purpose.”
He concluded that while specialized courts already exist for handling election petitions, the current focus is on reducing the time it takes to resolve these matters and addressing technicalities through the ongoing constitutional amendment process.