Abandoning the “Political Question Theory†and the Dangerous Inroad into Internal Party Politics by the Nigerian Courts

Abstract

This essay examined the recent flurry of decisions by the Courts in Nigeria regarding the issues of the nomination of candidates by political parties for elections. It also addressed the decisions on cases bordering on the constitution of the executive committees of some political parties in the Country. The author believes that with these decisions, the judiciary in the country has abandoned the sacred precept of “the political Question†and has unwittingly become immersed in the internal politics of the political parties. The writer concedes that the Courts must ensure that there is internal democracy in these parties but argues that this must be balanced against the extreme measure of interfering with the internal affairs of these political parties. The author suggested that the Courts should only intervene in clear cases where the actions/inactions of these political parties directly impact the franchise of the electorate and the civil and fundamental rights of the members of a political party.