Provision 83 bolsters electoral commission's authority, curbs judicial interference in political party matters – Falana

The Electoral Act 2026 has introduced significant changes through Section 83, bolstering the Independent National Electoral Commission's (INEC) authority over registered political parties, while also limiting judicial intervention in party matters, as outlined in the new provisions.

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Section 83 requires INEC to maintain a thorough record of all registered political parties' activities nationwide, and grants the Commission the power to request information or clarification from parties regarding potential violations of the Constitution, laws, or regulatory guidelines.

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INEC's enquiries can be directed at party officials at various levels, including national, state, local government, area council, or ward, depending on the specific issue being reviewed, allowing for a comprehensive oversight of party activities.

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Non-compliant parties face penalties, including a fine of up to ₦1 million for failing to provide requested information or disregarding lawful directives from INEC, serving as a deterrent for parties that do not adhere to regulatory requirements.

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A notable aspect of Section 83 is the limitation on the role of courts in internal party disputes, with courts barred from entertaining suits related to such matters except under specified conditions, marking a significant shift in the regulatory landscape.

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In cases where such suits are filed, courts are prohibited from granting interim or interlocutory injunctions, and instead, judges must reserve rulings until final judgment, ensuring an accelerated hearing of the matter to prevent unnecessary delays.

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The Act also imposes substantial financial consequences for violations, with courts required to award costs of no less than ₦10 million each against both the legal counsel and the plaintiff who initiated the action, in addition to any expenses incurred by INEC if it is joined as a party in the suit.

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These provisions are seen as an attempt to strengthen regulatory oversight, promote internal party discipline, and discourage frivolous litigation that could disrupt the electoral process, ultimately contributing to a more stable political environment.

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The Electoral Act 2026 is expected to play a crucial role in shaping political party conduct and electoral governance, particularly in the lead-up to the 2027 general elections, where its impact will be closely watched by observers and stakeholders alike.