Section 83 strengthens INEC oversight, limits court role in party affairs – Falana
ABUJA — Section 83 of the Electoral Act 2026 has outlined new provisions strengthening the oversight powers of the Independent National Electoral Commission (INEC) over registered political parties, while also restricting judicial вмешion in party affairs.
The section mandates INEC to maintain comprehensive records of the activities of all registered political parties across the country. It further empowers the Commission to request information or clarification from any party regarding actions that may contravene the Constitution, existing laws, or regulatory guidelines.
Under the provision, such enquiries may be directed to party officials at all levels — national, state, local government, area council, or ward — depending on the nature of the issue under review.
The law also introduces penalties for non-compliance. Political parties that fail to provide requested information or disregard lawful directives from INEC risk a fine of up to ₦1 million.
In a significant shift, Section 83 limits the role of courts in matters concerning the internal affairs of political parties. It stipulates that, except under specified conditions, courts in Nigeria shall not entertain suits related to party internal disputes.
Where such cases are filed, the law bars courts from granting interim or interlocutory injunctions. Instead, judges are required to reserve rulings until final judgment while ensuring accelerated hearing of the matter.
Additionally, the Act imposes strict financial consequences for violations. At the conclusion of such cases, courts are mandated to award costs of no less than ₦10 million each against both the legal counsel and the plaintiff who initiated the action. These costs are to be paid alongside any expenses incurred by INEC if it is joined as a party in the suit.
Observers say the provisions are aimed at strengthening regulatory oversight, promoting internal party discipline, and discouraging frivolous litigation that could disrupt the electoral process.
The Electoral Act 2026 is expected to play a central role in shaping political party conduct and electoral governance ahead of the 2027 general elections.
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