1. Fulfilling Legal Requirements in the
ELECTIONS FACTSHEET
Vol. I : No. VI
Fulfilling Legal Requirements in the
Choice of Candidates
The process of choosing candidates for the 2015 general elections seems to be starting on a very rancorous and bitter note in the major Political Parties. Although the Electoral Act 2010 (As Amended) prescribes conditions to be fulfilled by aspirants and Parties to stand for elections, the same Act also includes provisions under section 31, compelling INEC to accept whatever list is presented to it by the Parties. At the current time, aspirants are concerned whether their Parties will respect internal democratic principles and allow for free and fair primaries.
Sections 65, 66, 106, 107, 131 and 177 of the 1999 Constitution (as amended) provides qualification requirements for candidates for elective positions, while section 87 of the Electoral Act outlines the procedure for nomination by Political Parties for aspirants to run for such elective positions.
This factsheet lifts the provisions of the Electoral Act to present the well-defined legal framework for candidates to emerge. These provisions are stated hereunder in the hope that it is a reminder to aspirants, Political Parties, INEC and stakeholders on how candidates may emerge to enable them stand for elections.
Section 87 of the Electoral Act 2010 provides as follows:
Sub-section 1
A political party seeking to nominate candidates for elections shall hold primaries for aspirants to all elective positions.
Sub-section 2
The procedure for the nomination of candidates by political party for the various elective positions shall be by direct or indirect primaries.
Sub-section 3
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.
Sub-section 4
A political party that adopts the system of indirect primaries for the choice of its candidates shall adopt the procedure outlined below:
In case of nomination to the position of presidential candidate, a party shall -
Hold a special presidential convention in the Federal Capital Territory or any other place within the Federation that is agreed by the National Executive Committee of the party where delegates shall vote for each aspirant at the designated centre; and
The aspirant with the highest number of votes at the end of voting shall be declared the winner of the Presidential primary of the political party and the aspirant’s name shall be forwarded to the Independent National Electoral Commission as the candidate of the party;
In the case of nomination to the position of a Governorship candidate, a political party shall, where it intends to sponsor candidates-
Hold a special congress in the State capital with delegates voting for each of the aspirants at the congress to be held on a specified date appointed by the National Executive Committee (NEC) of the party; and
The aspirant with the highest number of votes at the end of the 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;
In case of nomination to the position of a candidate in the Senate, House of Representatives and State House of Assembly, a political party shall, where it intends to sponsor candidates-
Hold special congresses in the Senatorial District, Federal Constituency and the State Assembly Constituency respectively, with delegates voting for each of the aspirants in designated centre on specified dates; and
The aspirant with the highest number of votes 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.

2. Senate/House of Representatives State House of Assembly
Most Political Parties in the country have failed repeatedly to conform to this statutory nominations provision. In some instances, Political Parties have presented candidates who never took part in primary elections. Some major issues with regards to candidate’s nomination procedures include the issue of “endorsement” where an aspirant is publicly selected and campaigned for by leaders of a Party before the primary election is conducted; “right of first refusal” where the privilege of being a candidate in an election is first offered to the incumbent ahead of other aspirants in the Party; and “consensus candidature” where an aspirant is adopted by a Party’s leadership without primary elections. Another issue which deters robust political competition is the high cost of expression of interest and nomination forms running into millions of Naira. This practice eliminates promising but less-wealthy aspirants from the contest, thereby promoting a culture of unfairness and even political corruption.
INEC is constrained by a clause inserted in Section 31 of the Electoral Act prohibiting it from rejecting or disqualifying a candidate for any reason whatsoever, meaning that INEC is unable to sanction erring Parties. While aggrieved aspirants may seek legal redress as provided in Section 87 (9) of the Electoral Act, the following subsection (10) precludes the Court from stopping the holding of primaries or general elections pending the determination of the suit. Although, different groups have advocated for further electoral reforms on party nominations, changes to the Electoral Act are not likely to be effected before the 2015 general elections which comes up in a few months. Effort to amend the Electoral Act seems to have stalled at the National Assembly.
Considering the antecedents of Nigerian Political Parties and current political intrigues in the run up to the elections, it would be a stretch to expect Parties to respect internal party democratic principles enshrined in their constitutions. Citizen groups would have to continue to advocate for stronger regulatory frameworks and also put pressure on Political Parties to follow their own rules in order to build a strong democratic culture in the country.
The table below shows fees demanded by some Political Parties:
Sources: (1) Premium Times - (2) Punch - (3) ThisDayLive - and (4) DailyTimes -
Sub-section 5
Where there is only one aspirant in a political party for any of the elective positions mentioned in paragraph (4) (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.
Sub-section 6
A political party that adopts the system of indirect primaries for the choice of its candidate shall clearly outline in its constitution and rules, the democratic procedure for the election of delegates to vote at the convention, congress or meeting, in addition to delegates already prescribed in the constitution of the party.
Sub-section 7
A political appointee at any level shall not be an automatic voting delegate at the convention or congress of any political party for the purpose of nomination of candidates for any election, except where the political appointee is also an officer of a political party.
Position
Political Party
Presidential
Governorship
Senate/House of Representatives
State House of Assembly
Expression of interest & nomination form
All Progressives Congress (APC)
*50% off for women and persons with physically disabilities.
N27.5 million
Incumbent aspirant: N10.5 million
Fresh aspirant: N5.5 million
Incumbent aspirant: N5.3 million/
N3.2 million
Fresh aspirant: N3.3 million/ N2.2 million
Incumbent aspirant: N800,000
Fresh aspirant: N550,000
People’s Democratic Party (PDP)
*Free nomination form for women.
N22 million
N11 million
N4.4 million/ N2.4million
N1.2 million
All Progressives Grand Alliance (APGA)
*50% off for women.
---
N12 million
N3.5 million/ N2.5million
People’s Democratic Movement (PDM)
N25 million
N5 million
N2.5 million/ N500,000
N250, 000
Printed with support from