Section 83 and the Limits of Judicial Non-Interference in Party Politics — Ubani SAN
Section 83 and the Limits of Judicial Non-Interference in Party Politics — Ubani SAN Legal Practitioner and Policy Analyst, M.O. Ubani, has called for a constitutional re-examination of Section 83 of the Electoral Act 2026, warning against interpretations that suggest the judiciary has been completely excluded from adjudicating disputes arising from the internal affairs of political parties. Reacting to recent comments credited to Festus Okoye regarding the increasing involvement of lawyers in political party disputes, Ubani argued that the view that Section 83 absolutely ousts the jurisdiction of the courts is “overstretched and constitutionally unsustainable.” According to him, while Section 83(5) of the Electoral Act may appear, on a literal reading, to bar courts from entertaining disputes relating to party internal matters, such interpretation cannot override the constitutional powers vested in the judiciary under Section 6(6)(b) of the 1999 Constitution (as amended). ...