In the wake of the All Progressives Congress (APC) unveiling its final candidate list for the 2027 National Assembly elections, a palpable sense of discontent has emerged among several aspirants who found themselves unexpectedly excluded.
The recent amendments prompted by recommendations from the APC National Working Committee’s Primary Election Appeal Committee have resulted in the replacement of six senatorial aspirants and 19 nominees for the House of Representatives who were initially declared victorious in the state primaries.
With the party’s internal administrative processes now complete, the Federal High Court stands as the sole avenue for these aggrieved candidates to seek redress.
The Statutory Constraints
The transition from an administrative resolution to a judicial determination is largely dictated by the provisions set forth in the Nigerian Constitution and the Electoral Act 2022 as amended. Key factors influencing this shift include:
INEC’s Limited Administrative Powers: The Independent National Electoral Commission (INEC) operates strictly within a regulatory framework. While Section 84(13) of the Electoral Act permits INEC to reject candidate submissions that do not align with the outcomes of monitored primaries, the body lacks the authority to adjudicate ownership disputes over a party’s ticket. Consequently, it cannot compel a political party to reinstate a specific candidate, leaving dropped aspirants with no recourse through INEC.
Finality of Party Actions: The APC leadership has fully engaged its internal dispute resolution mechanisms through its appeal panel. With the National Working Committee having approved and uploaded the revised candidate list to the INEC portal, there are no remaining administrative measures within the party framework to revisit or overturn the decision. As such, the doors to internal recourse have been firmly closed.
Statutory Deadlines for Pre-Election Disputes: According to Section 285(9) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), strict timelines govern pre-election matters. Aggrieved aspirants are required to file lawsuits challenging party decisions within 14 days of the action. Failure to adhere to this timeline effectively bars candidates from seeking any form of legal redress.
The Legal Ground for Dispute
As these displaced candidates prepare to take their grievances to court, the legal challenges will likely centre on Section 33 of the Electoral Act 2022 as amended. This provision explicitly prohibits political parties from altering or substituting candidates whose names have already been processed, save for circumstances involving death or voluntary withdrawal.
Exclusion from the candidate list has left many aspirants reliant on INEC’s official monitoring reports from the primaries. These documents will serve as vital evidence to demonstrate that they were indeed victors in validly conducted contests. The crux of the matter will rest with the Federal High Court, which will need to assess whether the recommendations of the APC’s internal appeal panel hold any legal weight that supersedes the statutory limitations against midstream candidate substitutions.
Starnews NG reports that the path to justice for the replaced APC candidates is fraught with challenges, yet the resolution of their grievances now solely hinges upon the judiciary. As the legal battles unfold, the implications will echo beyond the individual candidates, potentially reshaping the landscape of party politics in Nigeria ahead of the forthcoming elections.
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