A growing misconception that the Independent National Electoral Commission (INEC) must attend political party congresses or conventions for them to be valid has been firmly debunked.
Legal provisions and judicial precedents confirm that INEC’s role is strictly observatory, not decisive.
What the Law Says
- Electoral Act 2022, Section 82(1): Political parties are only required to give INEC at least 21 days’ notice before any convention or primary.
- Section 82(2): INEC may attend and monitor such events. The law does not make attendance compulsory.
This means the legal threshold is notification, not physical presence.
Once a party has duly informed INEC, the process is legally covered.
Judicial Precedents
Nigerian courts have consistently upheld that INEC’s presence or absence does not determine the legality of party congresses or primaries:
- PDP v. Sylva (Supreme Court): INEC’s role is observatory, not decisive.
- Lado v. CPC: Failure of INEC to attend does not invalidate a primary, provided proper notice was given.
- APC v. Marafa: Even with INEC present, the process was nullified because the party failed to follow its own rules.
These rulings underscore that compliance with internal party rules and the Electoral Act is what gives legitimacy, not INEC’s attendance.
Translation in Simple English
- INEC presence does not make your primary legal.
- INEC absence does not make it illegal.
What matters is:
✔ Proper notice to INEC.
✔ Compliance with the party constitution.
✔ Compliance with the Electoral Act.
Historical Example
The first major test came during the 2013 Anambra PDP governorship primaries:
- INEC attended a factional congress that produced Senator Andy Uba.
- INEC ignored the congress organized by the PDP National Working Committee that produced Tony Nwoye.
- The courts ultimately recognized Tony Nwoye’s candidacy, not the one INEC attended—proving that attendance adds no legal weight.
This landmark case set the tone for subsequent rulings, clarifying that INEC’s observatory role cannot override due process within parties.
Bottom Line
Stop the misinformation. INEC is a monitor, not a maker of candidates or an authoriser of party congresses.
Political parties must focus on compliance with their constitutions and the Electoral Act. Attempts to weaponize INEC’s attendance or absence are legally baseless.
The African Democratic Congress (ADC), having properly notified INEC and complied with its constitution and the Electoral Act, stands on firm legal ground.
See evidence of the notification below:
