Judiciary rules overseas party branches unlawful, annuls British arm of Congress

A Federal Capital Territory High Court in Maitama has made a landmark ruling, declaring that diaspora chapters of Nigerian political parties are unlawful and nullifying the All Progressives Congress party congress that took place in the United Kingdom.

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The court's decision came in response to a suit filed by the Independent National Electoral Commission, marked No: CV/187/2025, which sought to nullify the UK Diaspora chapter of the APC.

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Justice Peter Kekemeke delivered the judgment on Wednesday, bringing an end to the longstanding controversy surrounding the existence and operation of diaspora chapters of political parties registered in Nigeria.

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The court ordered the transfer of over N30 million generated from the sale of forms by the APC to the Independent National Electoral Commission, and held that diaspora chapters of Nigerian political parties were illegal, unconstitutional, and unknown to the laws of the Federal Republic of Nigeria.

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In its ruling, the court stated that no political party registered in Nigeria has the constitutional authority to maintain, establish, or conduct congresses outside the country's territorial boundaries, thereby ruling in favour of INEC.

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Nigerians in the diaspora are, however, permitted to support and mobilise for their preferred candidates in Nigeria, but political parties are not constitutionally allowed to have chapters abroad, according to the court's decision.

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Additionally, the court ruled that political parties are not permitted to manage or arrange congresses for Nigerians living in the diaspora, further limiting their activities.

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The court warned that any political party, individual, or group that operates, sponsors, promotes, or associates with a diaspora chapter of a Nigerian political party commits an offence, highlighting the severity of the ruling.

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Furthermore, any individual or group chairing or managing such a chapter and soliciting membership dues or other financial contributions commits an offence punishable by a fine of N5 million and imprisonment, according to the court's decision.

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INEC had previously criticised the conduct of the congress, stating that its activities fell outside the constitutional and legal framework governing political parties in Nigeria, and informed the court of its intention to recover all monies unlawfully collected in connection with the purported diaspora congress, estimated to exceed N30 million.

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The court ultimately granted all 14 reliefs sought by the claimant, including five mandatory orders that were supported by the commission, bringing a conclusion to the case.