Instant SSL

On whether a Political Party can act arbitrarily in the conduct of its primaries.

Where a Political Party conducts its primary and a dissatisfied contestant at the primary election complains about its conduct of the primaries, the courts have jurisdiction by virtue of the provision of Section 87(9) of the Electoral Act, 2010 (as amended) to examine if the conduct of the primary was in accordance with the party Constitution and Guidelines. The reason is that in the conduct of its primaries, the courts will never allow a political party to act arbitrarily or as it likes. A political party must obey its Constitution.

Shinkafi & Anor. v. Yari & Ors.  [2016] 1 M. J. S. C (Pt. I) [Pp. 25-26] Paras. G-B

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