FENRAD urges INEC to ensure fairness, neutrality in party disputes

Nkem Ukaegbu, Umuahia

Foundation for Environmental Rights, Advocacy and Development (FENRAD) has called on the Independent National Electoral Commission (INEC) to uphold fairness, legal clarity, and institutional neutrality in resolving political party disputes, stressing that transparent handling of such matters is crucial for safeguarding democratic integrity ahead of the 2027 general elections.

These developments raise critical legal and constitutional questions regarding the scope of INEC’s powers, the binding nature of court orders, and the broader implications for Nigeria’s democratic stability as the 2027 general elections approach.

According to the Executive Director, FENRAD, Comrade Nelson Nnanna Nwafor, INEC, as established under the Constitution of the Federal Republic of Nigeria and the Electoral Act, bears the responsibility of regulating political parties, ensuring compliance with statutory provisions, and maintaining the integrity of the electoral process.

This includes the recognition of party leadership, monitoring internal party democracy, and overseeing candidate nomination processes.

While FENRAD acknowledged that court orders, such as directives to maintain status quo ante bellum, are binding on all institutions, including INEC, it is imperative to emphasize that such compliance must not be reduced to mechanical or uncritical enforcement.

Rather, INEC is expected to exercise its constitutional mandate with clarity, consistency, and independence, ensuring that its actions do not inadvertently deepen ambiguity or legitimize contested authority within political parties.

The doctrine of status quo ante bellum, though legally valid, is often complex in application, particularly in politically sensitive disputes where the “previous state” is itself disputed. In such circumstances,

INEC must provide clear regulatory guidance to avoid institutional paralysis or conflicting interpretations that could destabilize party structures.

FENRAD noted with concern the increasing frequency of judicial involvement in internal party leadership disputes.

While the judiciary remains the ultimate arbiter of legal conflicts, its engagement in intra-party matters must be guided by restraint, consistency, and fidelity to constitutional principles, including respect for party autonomy.

Excessive or inconsistent judicial intervention risks politicizing the courts and may unintentionally encourage factions within political parties to rely on litigation rather than internal democratic mechanisms for dispute resolution. This trend poses a threat to the development of strong, independent, and democratically governed political parties.

The current situation presents significant risks to Nigeria’s electoral environment if not carefully managed, ambiguity in party leadership may disrupt candidate nomination processes and electoral preparations, perceived institutional bias or inconsistency may embolden internal divisions within political parties, political actors may increasingly weaponize the courts, leading to protracted legal battles and voter trust in both electoral and judicial institutions may weaken, undermining democratic participation.

As Nigeria prepares for the 2027 elections, these risks underscore the urgent need for institutional coherence, neutrality, and transparency.

In light of the foregoing
FENRAD calls for the following: INEC must maintain strict neutrality in political party disputes, ensuring that its actions are guided solely by constitutional provisions and electoral laws, free from political influence or ambiguity.

The Commission should provide transparent and well-reasoned explanations for its decisions, particularly where prior actions are reversed or modified.

Courts should exercise caution in intervening in internal party matters, ensuring that their decisions uphold democratic principles without overreaching into political processes.

Political parties must prioritize internal dispute resolution mechanisms and democratic governance to reduce reliance on external adjudication.

All stakeholders must commit to reforms and practices that reinforce the credibility, independence, and effectiveness of Nigeria’s democratic institutions ahead of the next general elections.

FENRAD reiterated that the health of Nigeria’s democracy depends on the integrity, independence, and accountability of its institutions. INEC and the judiciary must rise above procedural formalities and demonstrate principled leadership in safeguarding democratic order.

The path to credible elections in 2027 begins with decisive, transparent, and lawful actions today.