Ekunkonye Junior
Abuja
Constitutional lawyer and Principal Partner at Friends Chambers, Prince Orji Nwafor-Orizu, has faulted the interpretation of the Electoral Act 2022 regarding INEC’s role in party conventions, insisting that the law only mandates political parties to notify the commission and not to seek its permission or supervision. He spoke in a press interview with journalists at his Abuja chamber on national issues affecting the executive, legislature, judiciary and INEC.
Addressing the controversy over the ADC convention, Nwafor-Orizu said claims that INEC’s absence invalidated the process were wrong. “The law is being calculated upside down. There is no time the law said you must get INEC’s permission. Every registered political party shall give the commission at least 21 days notice of any convention, congress, conference or meeting,” he said, citing Section 82(1) of the Electoral Act. “The job of INEC is not to monitor, is not to supervise.”
The senior lawyer explained that Section 82(5) empowers INEC to attend and observe such gatherings “with or without prior notice to the political party.” He stressed that the only ground for invalidating a convention is failure to notify the commission. “Listen very well. Failure of a political party to notify the Commission, as stated in subsection one, shall render the primaries, convention, congresses and conferences invalid. Failure to notify, not failure of INEC to attend,” he said.
Nwafor-Orizu dismissed suggestions that opposition parties are not serious, arguing instead that the ruling party and government are “suffocating the opposition.” He cited instances where opposition parties were denied venues for conventions after giving notice. “They give notice and they want to do convention. They apply for a place to do the convention and are denied. Then a minister comes out and tells lies,” he said.
Reacting to comments by a minister that opposition parties are not doing their work, the lawyer described such remarks as partisan. “My own brother is saying what he could say from the partisan point of view as an APC chieftain. In reality, the opposition parties are very, very serious,” he said, adding that Nigeria’s politics should move beyond “talks and fight” to an intellectual level focused on issues.
On the ADC’s political realignment, Nwafor-Orizu said the party’s decision* to restructure was a serious opposition move. “All of them resigned and are now with ADC. If what they did is confirmed by the Supreme Court, still better, because they have now got their own team, their own structure. PRP becomes the new opposition,” he stated. He suggested that the Labour Party chairman and aggrieved PDP members could move to PRP to form “the largest opposition ever that you cannot stop.”
He advised the ruling APC to “give peace a chance” and allow opposition space, warning that fear of President Tinubu was driving defections. “These governors who will not win primaries moved into APC just to be sure of their re-election. But APC is going to do primaries. They are not going to accept consensus,” he said. He noted that the party chairman had insisted all governorship elections should be by direct primaries, not consensus.
Nwafor-Orizu said subsidy removal had given the government funds, but questioned how the money was being used. “There’s no issue now in Nigeria of not paying salaries. The money is there because of subsidy. They are using the money — God knows — saying that the coastal road is at 1 trillion per kilometer. But if not, they have monies and have been doing some projects,” he said. He urged the APC to “put yourself together” but “allow the opposition space.”
On the judiciary, the constitutional lawyer said he was reluctant to blame judges, insisting that outcomes depend on what lawyers present in court. “Inside the court, the judge is concerned, not a participant politician. Their judgment is based on what is presented to them. If you watch well, you will see certain judgments given that do not favor the ruling party,” he said.
He urged lawyers to “look at their papers well” and not allow politicians to push them.* Citing the 2023 election petitions, he said: “How can you have Peter Obi’s case claiming discrepancies in many states and at the same time, you have only 17 witnesses, not enough to prove even one state? What do you want the Supreme Court to do?” He added that the Labour Party “did not have agents to protect their votes” in some areas.
Nwafor-Orizu argued that governors do not determine presidential votes, using Anambra, Imo and Oyo states in 2023 as examples. “Anambra gave 98% against the governor’s position. The governor of Imo took a position for Tinubu in 2023 but still, that did not dictate the vote. The governor of a state does not necessarily mean the state will go to APC,” he said. He warned that defections are making it “very, very difficult” for APC because voters may act in reverse.
On the legislature, he said lawmakers must assert themselves* if they want change. “If Abbas, for example, said, ‘we’re going to discuss this,’ and the whole House say, ‘No, we don’t agree,’ then there must be a particular call on our representatives and senators to change,” he said. He concluded that the way forward is for Tinubu to “sack those who are arrogant” and for all arms of government to respect separation of powers, adding: “The judiciary is doing their work well. Lawyers must buckle up.”
