WHETHER IT IS ONLY THE NATIONAL WORKING COMMITTEE OF A POLITICAL PARTY THAT IS SADDLED WITH CONDUCTING PRIMARY ELECTION?

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WHETHER IT IS ONLY THE NATIONAL WORKING COMMITTEE OF A POLITICAL PARTY THAT IS SADDLED WITH CONDUCTING PRIMARY ELECTION?

by Branham Chima.
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✓ DEFINITION(S):
• National Working Committee: The National Working Committee (NWC) of a political party in Nigeria is a crucial administrative body responsible for overseeing and coordinating the activities of the party at the national level. It consists of various key positions such as the National Chairman, National Secretary, Treasurer, and others.

• Primary election: A primary election is a process within a political party where its members choose the party's candidate for a public office. In Nigeria, primary elections are conducted at various levels, including the local, state, and national levels.

✓ ANSWER:
Yes. Only the National Working Committee (NWC) of a political party in Nigeria is saddled with the responsibility of conducting primary elections to determine flag bearers for her elections. In a situation where primary election is held without the NWC sanction, such primary election will be void at law.

This position was affirmed by the Supreme Court in the case of Uba v. Ozigbo, INEC, PDP (SC.CV/772/2021, October 21, 2021) thus: ‘In the instant case, the Appellant herein clearly stated in the affidavit in support of his originating summons that he took part in the primary election held at St. Paul University, Awka in obedience to the judgment of Adeniyi J of the Federal Capital Territory High Court and that the said election was conducted by Sir Chukwudi Umeaba who authored and signed the alleged result of the primary election. He is said to be the leader of the State Executive of the 3rd Respondent. That Appellant emerged winner of that contraption he called party primary election. But from the authorities of this Court cited above, that assemblage at St. Paul University was nothing other than an illegal and an unlawful gathering of party delinquents. The outcome therefore was a sham and a farce. See Emenike v PDP (supra).  Not having been conducted by the National Executive Committee 3rd Respondent, the primary election held at St. Paul University on 26th June, 2021 which the Appellant took part is unknown to law and is a nullity.  The law is very clear that a State executive of a political party has no vires to conduct party primaries. It is only the National Executive Committee of the party that is recognized as the proper organ of the party saddled with the responsibility of conducting party primaries.’

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