Jarrett Tenebe, a year three Law student of Baze University and Edo APC chairman has said courts in Nigeria have the authority to intervene and set aside political party primaries if there is evidence that the party has not adhered to its own rules or has unlawfully excluded delegates from the process.
Reacting to federal high court Judgement which Nullify the PDP primary election in edo state, Tenebe said the judicial intervention aims to ensure fairness and compliance with electoral laws and party guidelines.
Nigerian courts have a history of stepping in to address issues within internal party matters, particularly when there are allegations of non-compliance with party rules or the Electoral Act. Courts have the jurisdiction to review whether a political party followed its own statutes and guidelines during the conduct of its primaries.
If a party fails to abide by its own rules, affected members can seek judicial intervention. For example, in the case of Ugwu v. Ararume (2007), the Supreme Court nullified a primary election due to substantial non-compliance with party guidelines. Similarly, in PDP v. Sylva (2012), the Supreme Court set aside primaries because the party failed to adhere to its constitution and rules.
Delegates who are unlawfully excluded from the primary process can also challenge their exclusion in court, as this can undermine the integrity of the overall election. Courts play a crucial role in ensuring political parties uphold democratic principles and internal procedures during their primaries.