Embassy-Oseni MOMODU, LFP, BA, LLB, BL-LLM (in view) writes.. +2348120567606/osenixyz@gmail.com
EXCERPTS
As political parties geared up preparations towards conduct of primaries, certain legal hurdle and political miscalculations could cost a party not sponsoring candidate for the general elections. Political parties must therefore ensure its actions firmly align with tenets of the Electoral Act 2026. The Act fundamentally reshapes Nigeria’s party primary system by limiting nomination methods to DIRECT PRIMARIES and CONSENSUS respectively.
However, the new legal framework is strict and has far reaching consequences against any political party that might default.
This article highlights tips contending political parties in Nigeria-APC, ADC, PDP, etc could leverage to conduct hitch free primaries in May 2026.
KEY PROVISIONS OF THE ELECTORAL ACT
The Electoral Act 2026 introduces a restructured legal framework governing how political parties in Nigeria nominate candidates for elective offices. Central to this reform is the limitation of party primaries to two legally recognized modes—DIRECT primaries and CONSENSUS. This bold move represents a deliberate departure from previous laws that permitted indirect (delegate-based) primaries, with the aim of strengthening internal democracy, transparency, and accountability within political parties in Nigeria.
LEGAL BASIS FOR PARTY PRIMARIES
The statutory basis for party primaries is contained in Section 84 of the Electoral Act 2026.
Specifically, Section 84(1): mandates that every political party must conduct primaries for all elective positions, and such primaries shall be monitored by the electoral commission. i.e Independent National Electoral Commission INEC.
Section 84(2): provides that “the procedure for the nomination of candidates shall be by DIRECT primaries or CONSENSUS.”
This provision effectively abolishes indirect primaries and restricts parties to only two lawful methods of candidate selection.
- DIRECT PRIMARIES:
Direct primaries involve the participation of all registered party members in selecting a party’s candidate for an election. This mode emphasizes inclusiveness and grassroots participation.
Section 86 of the Act provides that direct primaries shall be conducted in accordance with the guidelines of each political party.
What this neans is that the process must comply with the broader requirements of the Act, including monitoring by the electoral umpire and use of an officially submitted party membership register to the Electoral body.
HOW DIRECT PRIMARIES WORK
➖ Participation of party members in the process.
➖ Voting hold at designated constituency venues (subject to party guidelines).
➖ More transparency compared to delegate model.
2. CONSENSUS PRIMARIES:
Consensus primaries model occurs where a political party agrees on a single candidate without a formal vote, based on mutual agreement among contending aspirants.The legal basis is found in section 87 of the Act which provide thus:
Section 87(1) requires that a party adopting CONSENSUS must obtain written CONSENT of all cleared aspirants, indicating their voluntary withdrawal and endorsement of the chosen candidate.
Section 87(2) further provides that where such consent is not secured, the party must revert to direct primaries.
HOW CONSENSUS PRIMARIES WORK
- Unanimous agreement of all aspirants.
- Written withdrawal-consent and endorsement by aspirants.
- Absence of coercion or imposition of aspirants.
CONCLUSION
The 2027 general elections is premised on the Electoral Act 2026. The Act now effectively recognizes only DIRECT and CONSENSUS modes of primaries, thereby eliminating delegate-based voting which predominantly head sway in the previous 2023 elections. It should be noted that this reform is intended to curtail vote-buying and monetization of primaries; expand participation to ordinary party members; strengthen internal party democracy and promote good governance. While DIRECT PRIMARIES promote inclusiveness and democratic participation, CONSENSUS PRIMARIES offer efficiency but require strict adherence to voluntary agreement among aspirants which is the basis for a legitimate adoption of such model, absence of which robs the party’s conduct illegal, null, void and of no effect.
Therefore, the only safeguards available to political parties who might intend to adopt CONSENSUS MODEL is gentleman-understanding where potential aspirants seeking to contest particular office would either be discouraged from going into the race or better still get involved while he withdraws midway and endorse party’s choice.