No Law Requiring Political Parties To Notify INEC Of NEC Meetings

By Ibrahim Lawal

There was a letter in circulation purported to have emanated from Independent National Electoral Commission dated the  9th day of March 2022 under the headline  Re- Invitation to the emergency meeting of the National Executive Committee and signed by  Rose Onaran Anthony, secretary to the commission  wherein the commission drew the attention of the All Progressive Congress (APC) to Section 82(1) of the Electoral Act, 2022 and asked that the appropriate correction be done. For the avoidance of doubt, section 82  of the Electoral Act is hereunder reproduced for ease of reference.

82. (1) Every registered political party shall give the Commission at least 21 days’ notice of any convention, congress, conference or meeting convened for the purpose of “merger” and electing members of its executive committees, other governing bodies or nominating candidates for any of the elective offices specified under this Act.

(2) The Commission may, with or without prior notice to the political party attend and observe any convention, congress, conference or meeting which is convened by a political party for the purpose of –

(a)  electing members of its executive committees or other governing bodies;

(b)  nominating candidates for an election at any level; and

(c)  approving a merger with any other registered political party.

(3) The election of members of the executive committee or other governing body of a political party, including the election to fill a vacant position in any of the aforesaid bodies, shall be conducted in a democratic manner and allowing for all members of the party or duly elected delegates to vote in support of a candidate of their choice.

(4) Notice of any congress, conference or meeting for the purpose of nominating candidates for Area Council elections shall be given to the Commission at least 21 days before such congress, conference or meeting.

(5) Failure of a political party to notify the Commission as stated in subsection (1) shall render the convention, congress, conference or meeting invalid.

This provision is in relation to ‘convention, congress, conference or meeting convened for the purpose of merger and electing members of its executive committees, other governing bodies or nominating candidates for any of the elective offices’ and not regular meetings of the National Executive Committee (NEC) of political parties.

Every statute is to be expounded according to the manifest and expressed intention of the legislature. See Rabiu v. State (1980)2NCLR 293; Ibrahim v Judicial Service Commission (1998) 14 NWLR Pt.584 page 1. And where the words used in the provisions of a statute are unambiguous, it is the duty of the court to interpret the words that the legislature has used. See Ibrahim v. AG Kaduna State (1988) 14 NWLR (Pt.584) 1.

Article 13.3 of APC Constitution establishes the National Executive Committee which it recognise as the Principal Executive body of the Party, and vested it with powers to perform the following functions:

1. Summon or convene the   National Convention and prepare its agenda.
2. Discharge all functions of the National Convention as constituted in between National Conventions.

iii. Decision of the National Executive Committee shall be binding on all organs and all members of the Party, except the National Convention.

1. Consider reports from National, State and Local Government Area/Area Councils Chapters of the Party and take such decisions as are necessary to protect, advance, and consolidate the gains and interests of the Party.
2. Exercise control and take disciplinary actions on all organs, officers and members of the Party and determine appeals brought before it by any member or organ of the Party.
3. Create, elect and appoint any Committee it may deem necessary, desirable or expedient and assign to them such powers and functions as it may deem fit and proper.

vii. Examine the actions taken or legislation proposed or passed by any Government, Legislative House or Local Government Area! Area Council and determine what further actions the Party should take.

viii. Secure at all elections the return of as many Party candidates as possible, so as to generally have control of the Legislative and Executive arms of Governments in the Federation, States and Local Government Areas/Area Council.

1. Raise adequate funds for the management and sustenance of the Party.
2. Ratify the type, nature and membership of Standing Committees to be set up by the National Working Committee.

Approve the national budget of the Party.

The emergency NEC meeting of APC fixed for Thursday 17th March, 2022 is not a ‘convention, congress, conference or meeting convened for the purpose of merger and electing members of its executive committees, other governing bodies or nominating candidates for any of the elective offices.’

It is emergency meeting pursuant to Article 13.3(i) of the APC Constitution to ratify the decisions of the Caretaker/Extraordinary Convention Planning Committee (CECPC) to summon or convene the National Convention of APC and prepare its agenda.

It must be noted that meetings of various organs of political parties are within the internal affairs of political parties. INEC, by any stretch of interpretation of Section 82(1) of the Electoral Act, 2022 is not clothed with powers to regulate such meetings. The earlier notice to INEC was superfluous and gratuitous as the party was not under any obligation to do so.

It is my submission that what require a 21 day Notice to INEC is the convention that was to be held later in the month and not the emergency NEC meeting of the party.

On the issues raised regarding the non-signing of the Notice by the Chairman and secretary, the INEC can only ask for clarification from the political party as provided in Section 83(2) of the Electoral Act 2022.

Section 83(2)

(2) The Commission may seek information or clarification from any registered political party in connection with any activities of the political party which may be contrary to the provisions of the Constitution or any other law, guidelines, rules or regulations made pursuant to an Act of the National Assembly.

It is therefore my considered view that APC does not need a 21 day Notice to INEC to convene an emergency NEC meeting or regular NEC meeting at all but rather serve the commission a 21 Notice when it is having it’s convention or meeting for the purpose of merger of political parties.

What is more, the short title of section 82 of the Electoral Act, 2022 reads:Notice of convention and congress.

Ibrahim Lawal is the Head of Chamber, Olujinmi & Akeredolu of the Law Hub.

Ibrahim Lawal

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