APPRAISING THE IMPERATIVES OF PRIMARY ELECTIONS UNDER THE NIGERIAN ELECTORAL SYSTEM

Abstract

General elections are preceded by primary elections conducted by each political party as a process of nominating their candidates to contest the varying positions, using the party’s platform. The election processes, including the activities of the actors and participants must be regulated with a view to ensuring a peaceful, free and fair elections. Hence, the provisions of the Electoral Act, the relevant provisions of the Constitution of the Federal Republic of Nigeria 1999 (as amended) as well as the Constitution and guidelines of a political party must be complied with in the nomination of candidates through primary elections conducted by each political party. This article is aimed at appraising the legitimacy of primary elections under the electoral system in Nigeria. The study adopted the doctrinal method of data collection to achieve the set objectives. The paper found that the Electoral Act limits the right of a person to contest in an election except on the sponsorship of a political party. Accordingly, section 84(1) of the Electoral Act, 2022 makes it mandatory for a political party seeking to nominate its candidate for a general election to hold or conduct a primary election for aspirants seeking its sponsorship. The paper submits that the said section 84(1) of the Act, no doubt impugns on the right of a person to contest election without let or hindrance by a political party, and recommends that the Electoral Act, 2022 should be amended to include provision permissive of independent candidacy. The right to vote and be voted for is an age-long human right rooted in both domestic and international laws. The uninhibited participation of every person of age is imperative in the sustenance of our democracy, which inexorably evolve a stable and vibrant economy for the wellbeing of the people.