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Section 83 and the Myth of Judicial Silence in Party Politics

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The recent assertion by my brother, Festus Okoye Esq, that lawyers have become scapegoats in internal party conflicts owing to their recourse to the courts calls for careful constitutional and judicial interrogation. At the centre of this debate lies Section 83 of the Electoral Act 2026, particularly the suggestion that it absolutely ousts the jurisdiction of the courts over the internal affairs of political parties.

With the greatest respect to lawyers who are holding this view, that broad interpretation may appear overstretched and not constitutionally sustainable.

Section 83(5) of the Electoral Act, read in isolation, appears to bar courts from entertaining disputes relating to party internal issues absolutely. On a literal reading, it suggests a legislative intent to shield political parties from judicial scrutiny. That may not absolutely be true. Such a construction ignores a foundational principle of Nigeria’s constitutional order, which is the fact that no Act of the National Assembly can override or diminish the judicial powers vested in the courts by the Constitution.

By virtue of Section 6(6)(b) of the 1999 Constitution (as amended), the courts possess inherent jurisdiction to determine all questions relating to civil rights and obligations. This provision is broad, entrenched, and immune from legislative erosion. Any statutory attempt, however artfully framed to exclude judicial intervention where legal rights are violated, remains debatable due to the supremacy clause of Section 1(3) of the 1999 Constitution as amended.
Nigerian jurisprudence has consistently put out a clear position on this issue. Starting with Lakanmi v AG(Western State), AG of the Federation v Abubakar, Abaribe v Speaker, Abia State House of Assembly etc where the courts have affirmed that the courts must be slow to hold that their jurisdiction has been ousted. These cases in fact reinforced judicial hostility toward clauses that attempt to shield institutions or government from judicial scrutiny.

It is true that the courts have traditionally exercised restraint in interfering with the internal affairs of political parties as seen in cases such as Okafor v. Onuoha, but this restraint has never been absolute. It is a rule of prudence, not a rule of absolute prohibition.

Once a dispute goes beyond internal issues as membership, leadership, party management, discipline, etc, and involves violation of legal rights, statutory compliance, or constitutional guarantees, the jurisdiction of the court is activated.
Even prior to the enactment of Section 83, the Supreme Court had clearly delineated exceptions to the doctrine of non-interference. They have always held that where there is a breach of the Electoral Act, violation of a party’s constitution, or infraction of constitutional provisions, the courts will not hesitate to intervene. If the intention of the legislature is to elevate the political parties in Nigeria above judicial scrutiny, it will certainly lead to an inevitable collision course between the two arms of government. The consequences of such an interpretation of the present Section of the Act would be grave. It would leave party members who suffer exclusion, manipulation of primaries, or outright illegality without a remedy. That can not represent the law, in my view. The enduring maxim ubi jus ibi remedium, where there is a right, there is a remedy remains a cornerstone of our legal system.

A more rational and constitutionally compliant reading of Section 83 is that it seeks to discourage frivolous litigation on parties’ internal issues, curb forum shopping, and encourage internal dispute resolution within political parties. The Electoral Act of 2026 can not extinguish the courts’ sacred duty to do justice where a legal wrong is established.
Indeed, the judiciary as illustrated in the earlier cases cited have consistently resisted attempts to fetter its jurisdiction through ouster clauses. Such provisions are construed narrowly and, where they are inconsistent with constitutional guaranteed rights, they are rendered inoperative and invalid.

Equally of great concern is the penal dimension of the provision, which appears to target lawyers and litigants who approach the courts. It would be deeply troubling if legal practitioners were sanctioned for seeking judicial redress in appropriate cases. The problem is who defines and determines appropriate cases? Does losing a case by a lawyer in court amount to a grave error on his path that should attract penalty as prescribed by the Act? How does a lawyer know which case he will win or lose in matters involving political parties? These are critical questions begging for answers.

We must agree, no matter the situation that lawyers play a critical role in sustaining the rule of law by holding political actors accountable to legal standards. The greater danger lies not in judicial intervention through them but in legitimising impunity under the guise of party autonomy.

Having said that, however, in clear cases of abuse, where litigants and counsel pursue matters that are purely internal and devoid of legal rationale for its initiation, the imposition of sanctions may be justified. We are not ignorant of incidents of abuse, forum shopping, conflicting ex parte orders being sought and granted which were becoming irritating and scandalous necessitating the present amendment. However two wrongs cannot make a right as we say in Nigeria.

In the final analysis on this subject, I reiterate that section 83 of the Electoral Act does not, and can not, silence the courts. So long as the Constitution of Nigeria endures, judicial power remains intact. Any contrary interpretation is not only legally flawed but also risks undermining the very foundation of the rule of law.
That, surely, cannot have been the intention of the lawmakers.

I will gladly welcome further rejoinders from learned minds in the continuing interrogation of this important constitutional question.

M.O. Ubani, SAN
Legal Practitioner & Policy Analyst.

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Christine Fajigbesi Celebrates Alhaja Ganiyat Balogun With Heartfelt Birthday Tribute

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Ms. Christine Ijeoma Fajingbesi has celebrated Alhaja Ganiyat Balogun on her birthday, describing her as more than a friend, but a sister, mentor and a woman whose kindness has made a lasting impact on her life.

Speaking during the celebration, Ms. Christine said the Balogun family has been exceptionally good to her, adding that words alone cannot adequately express how much she loves and appreciates Alhaja Ganiyat.

She described the celebrant as a special person whose presence in her life is deeply valued, expressing gratitude for the love, care and support she has received from the family.

According to her, as Alhaja Ganiyat begins another chapter of her life, her greatest prayer is that God will continue to bless everything she does, elevate her to greater heights, promote her in every area of life and grant her the desires of her heart.

Ms. Christine further wished her friend and sister many more years of happiness, peace, good health, prosperity and fulfilment.

Earlier, Alhaja Ganiyat Balogun expressed profound gratitude to Allah for the gift of another year, reflecting on the journey that brought her to the present moment.

In a heartfelt message, she thanked Allah for seeing her through every hurdle, difficult season and challenging moment that tested her strength. She acknowledged that there were times when she felt weak, but said Allah continually gave her the strength to move forward and the grace to reach another milestone in her life.

She expressed deep appreciation for the gift of life, divine protection, mercy and guidance, thanking Allah for never allowing her to walk alone.

“Ya Allah, thank You for keeping me and allowing me to witness another beautiful year,” she said in gratitude.

As she begins this new chapter, Ms. Christine prayed that Alhaja Ganiyat’s life would be filled with peace, continuous growth, genuine happiness and countless blessings.

The celebration was therefore not only a birthday milestone, but also a heartfelt expression of love, gratitude and appreciation for a woman whose impact has touched the lives of those around her.

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Love, Gratitude and a Long Awaited Surprise: Mrs. Precious Chidinma Nzeribe Celebrates Husband

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Mrs. Precious Chidinma Nzeribe on Tuesday, August 18, 2026, pulled off a heartfelt surprise birthday celebration for her husband, describing the experience as both challenging and deeply rewarding.

According to Mrs. Nzeribe, planning the surprise was particularly difficult because she and her husband are extremely close and practically share every aspect of their lives. She explained that they normally plan and do things together, making it difficult to keep anything from him without raising suspicion.

“We always do things together and plan together. There is practically nothing we don’t share in common, so it was difficult for me to surprise him. But I thank God I was able to succeed,” she said emotionally.

Speaking with journalists during the celebration, Mrs. Nzeribe revealed that the surprise was not a spontaneous idea but one she had conceived and attempted several times over the years without success.

She explained that despite the challenges and circumstances that had prevented her from bringing the idea to reality in previous years, she was determined to make this year’s celebration happen.

She described her husband as a man who has been exceptionally loving, supportive and selfless, saying his impact on her life cannot be measured.

“He has been more than nice to me. He has carried me more like a child. He is practically the air I breathe. Everything I do is him, and how far I have gone is largely because of him. I think he deserves this and much more.”

Describing the qualities she admires most in her husband, Mrs. Nzeribe said he possesses a genuinely kind heart and is a devoted husband and father who consistently puts the needs of others before his own.

She noted that his willingness to sacrifice for others and his concern for people’s wellbeing are among the qualities that make him exceptional.

“He is a very nice person. He has a very good heart. He is a good father to his children and a good husband. He is the kind of person who prioritises other people’s needs, sometimes even above his own,” she said.

As she celebrated her husband, Mrs. Nzeribe offered heartfelt prayers for his future, asking God to bless him with many more years of life, good health, financial prosperity and every good thing he deserves.

She also prayed that God would reward him abundantly for the countless ways he has been a blessing not only to her and their family, but also to people who may never have been able to repay his kindness.

“I wish him many blissful years ahead. I pray that God will bless him financially and health wise and give him every good thing in life. The way he has been a blessing to me and to other people he has never known, I pray that God will bless him in the same way and even more.”

The celebration ultimately became more than a birthday surprise, it was a touching expression of love, gratitude and appreciation from a wife to a husband she considers her greatest support system.

For Mrs. Nzeribe, the occasion was an opportunity to celebrate not just another year in her husband’s life, but the man whose love, sacrifice and unwavering support have played a significant role in her journey.

 

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Henry Onyema Madubuike Unveils “Osiri,” a Novel Exploring Ancestral Heritage, Reincarnation and Cultural Identity

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Renowned author Henry Onyema Madubuike has released Osiri, a novel that explores the profound relationship between a people’s origins, their ancestral covenant with the supernatural, and the enduring mysteries of incarnation and reincarnation.

The novel presents a compelling narrative that examines how the choices and agreements made by ancestors continue to shape the identity, destiny and collective consciousness of future generations. Through rich storytelling, Osiri invites readers to reflect on the enduring influence of ancestral heritage and the spiritual foundations upon which societies are built.

Beyond its exploration of spirituality and cultural traditions, Osiri delves into universal themes of love, life, death and rebirth. The novel portrays these experiences as interconnected aspects of human existence, illustrating how relationships, sacrifices and enduring bonds transcend generations.

A central theme of the book is the significance of intimacy and human connection, emphasizing the role of love and relationships in sustaining families, communities and cultural continuity. It also highlights how ancestral values and traditions continue to shape social structures, preserve historical narratives and define the identity of a people.

According to the author, Osiri seeks to inspire readers to appreciate the importance of cultural heritage while provoking deeper reflection on the spiritual dimensions of existence and humanity’s connection to its past.

Through its blend of history, culture, spirituality and compelling storytelling, Osiri offers readers an engaging literary experience that celebrates African traditions while raising timeless questions about destiny, identity and the enduring influence of ancestral covenants.

“Osiri is a novel that delves into the intricate connections between a people’s foundation, their ancestors’ covenant with the supernatural and the realms of incarnation and reincarnation.

Exploring themes of love, life death and rebirth, it reflects also the deep-rooted importance of the bond of intimacy.

It also explores the idea that a people’s identity and destiny are tied to their ancestors’ agreement with supernatural forces, preserving historical narratives, cultural practices and social structure and the importance of ancestral heritage.” — Henry Onyema Madubuike

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