Edo 2024: Court Has The Power To Set Aside Party Primaries If There are Enough Evidence… Tenebe

Courts in Nigeria have the authority to intervene and set aside primaries if there is evidence that that a political party has not adhered to its own rules or has unlawfully excluded delegates.such judicial interventions aim to ensure fairness and compliance in the electoral process.A court can set aside primaries if a political party violates its own rules and statutes,including by excluding delegates who should be part of the process.

Nigeria courts have intervened in internal party matters,especially when there are allegations of non-compliance with the party rules or electoral Act.
Courts have jurisdiction to review whether a political party complied with its own rules and relevant provisions of the electoral Act during the conduct of its own primaries.If a party fails to follow its guidelines or excludes delegates unlawfully,affected parties can seek judicial intervention,See the case of Ugwu V. Ararume (2007),the Supreme Court nullified a primaries election because of substantial non-compliance with party rules.

PDP V. Sylva (2012)saw the Supreme Court set aside primaries due to failure of the party to adhere to its constitution and guidelines.

Delegates can challenge their exclusion if it affects the integrity of the primaries process.Delegates might invoke broader constitutional rights or general legal principles such as the right to fair hearing and the right to participate in political process.Jarrett Tenebe(Year three Law student Baze University Abuja)

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