NEWS
Section 83 and the Myth of Judicial Silence in Party Politics
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.
NEWS
NNPC Probe: EFCC Secures Final Forfeiture of Private Jet
The Economic and Financial Crimes Commission, EFCC, on Monday, May 18, 2026, secured a final forfeiture order of a Hawker private Jet 125 before Justice Emeka Nwite of the Federal High Court, Maitama, Abuja over its link to fraud, corruption and money laundering regarding the Maiduguri Emergency Power Project, MEPP.
The aircraft, with model number 800XP, serial number 258553 and registration number 5N-AMK, was forfeited following an application by the EFCC.
Ruling on the application, Justice Nwite held that no sufficient cause was shown by Valiente Jet Limited, a company owned by Abdulsalam Mustapha Kachallah, an interested party, why the aircraft should not be finally forfeited to the Federal Government.
“The interested party has not demonstrated with evidence the lawful origin of the funds used to purchase the aircraft,” the judge held, stressing that the disguised manner through which the aircraft was acquired using the name of a Bureau De Change operator who denied knowledge of the nature of the transaction further lent credence to the unlawfulness of the entire transaction.
The court had earlier granted an interim forfeiture order on November 13, 2025 and directed the Commission to publish the order in a national newspaper for interested parties to show cause why the aircraft should not be permanently forfeited.
Following the publication, a company, Valiente Limited whose owner is Alhaji Abdulsalam Mustapha Kachallah filed affidavits to show cause. The application for final forfeiture was supported by an affidavit deposed to by Aminu Abdullahi, an investigator with the EFCC.
According to the investigator, the Commission received intelligence bordering on conspiracy, obtaining money by false pretence and money laundering involving Kachallah.
Investigation revealed that sometime in 2021, the Nigerian National Petroleum Company Limited, NNPCL, awarded contracts under the Maiduguri Emergency Power Project valued at $114,148,155 (One Hundred and Fourteen Million, One Hundred Forty Eight Thousand, One Hundred and Fifty Five Dollars) and ₦23,172,969,904, (Twenty Three Billion, One Hundred and Seventy Two Million, Nine Hundred and Sixty Nine Thousand. Nine Hundred and Four Naira) .
Kachallah, who was then Chairman of the Borno State Rural Electrification Board and a member of the project’s steering committee, used his position and relationship with officials of the NNPCL to engage in illicit dealings connected to the project.
Investigation showed that Kachallah entered into unlawful agreements with China Machinery Engineering Company, CMEC, through companies in which he had substantial interest, and sold privileged bidding information relating to the project in exchange for financial inducements.
The investigation further showed that CMEC was subsequently awarded three contracts under the project valued at $52,120,172 (Fifty Two Million One Hundred and Twenty Thousand, One Hundred and Seventy Two Dollars) and ₦20,213,956,953 (Twenty Billion, Two Hundred and Thirteen Million, Nine Hundred and Fifty Six Thousand, Nine Hundred and Fifty Three Naira).
Part of the contract funds was routed through Afuwa Integrated Services Limited, a Bureau De Change operator, under the false claim that the company was subcontracted by CMEC.
CMEC transferred the sum of $2,070,000 (Two Million, Seventy Thousand Dollars) into the Stanbic IBTC Bank account of Afuwa Integrated Services Limited on Kachallah’s instruction.
Investigation further revealed that forged invoices were prepared in the name of Afuwa Integrated Services Limited to falsely portray that legitimate services had been rendered to CMEC.
The funds were thereafter transferred to a Brazilian account for the purchase of the aircraft from a Brazilian company.
NEWS
THE ILLEGALITY OF JULIUS ABURE PRESENTING CANDIDATES FOR ELECTIONS UNDER THE LABOUR PARTY
The persistent attempt by Mr. Julius Abure to parade himself as the National Chairman of the Labour Party and to recently announce some candidates in his purported primary elections under the platform of the Labour Party has become not only legally indefensible but a direct assault on the rule of law and the integrity of Nigeria’s democratic process.
The issue of the leadership of the Labour Party has already been conclusively determined by the courts, culminating in the decision of the Supreme Court, which made it abundantly clear that the tenure of Julius Abure and his executive had since expired. The apex court recognized the caretaker leadership that emerged to stabilize the party and restore order. In particular, the leadership under Senator Nenadi Usman was acknowledged as the legitimate authority steering the affairs of the party pending a proper convention.
Ordinarily, in a country governed by law, that should have ended the matter.
However, rather than submit to the finality of judicial pronouncements as demanded by the Constitution and democratic norms, Mr. Abure chose the dangerous route of forum shopping and judicial adventurism. He returned to the trial court in a desperate bid to revive a dead mandate. The courts, both at the trial level and at the Court of Appeal, reportedly made it clear to him that the matter had been settled and that peace should be allowed to reign within the party.
Yet, in complete disregard of these judicial pronouncements, Mr. Abure has continued to act as though he remains the authentic leader of the Labour Party. Most astonishing is his purported organization of parallel primaries and the presentation of candidates for elections under the party’s platform, despite the fact that the Labour Party has since held a valid national convention where Senator Nenadi Usman was affirmed as the substantive National Chairman alongside other duly elected executives.
This conduct is not merely provocative; it is profoundly dangerous to constitutional democracy.
A political party is not a lawless association where individuals can operate according to personal whims. It is an institution regulated by the Constitution, the Electoral Act, the party’s constitution, and the decisions of competent courts. Once the courts have spoken with finality, every person, no matter how highly placed, is bound to obey.
The attempt to run a parallel structure after lawful leadership has emerged amounts to political mischief of the highest order. It creates confusion among party members, deceives unsuspecting aspirants and supporters, and undermines the credibility of the electoral system. Worse still, it exposes innocent candidates to avoidable legal disasters, as candidates presented by unauthorized persons or unlawful structures may ultimately find their nominations invalidated by the courts.
One must ask: what exactly is the objective of this persistent defiance by Mr. Abure? No democracy can thrive where individuals place themselves above the law. Nigeria cannot afford to become a laughing stock before the international community because of the reckless conduct of politicians who refuse to accept lawful decisions. The sanctity of judicial pronouncements must be respected if democracy is to survive.
It is even more troubling that a legal practitioner would be associated with conduct that appears to undermine settled judicial decisions. Lawyers are ministers in the temple of justice and are expected to uphold the rule of law, not ridicule it through acts capable of bringing the legal profession into disrepute. The Rules of Professional Conduct impose a duty on lawyers to maintain respect for the courts and the administration of justice. Persistent disregard for binding decisions raises serious ethical and disciplinary concerns that the appropriate professional bodies may eventually need to examine.
The security agencies must not fold their arms while this avoidable confusion festers. Where an individual continues to impersonate authority, create parallel political structures, and generate tension capable of disrupting public peace and electoral order, the relevant authorities have a duty to intervene decisively within the bounds of the law. Enough is enough.
Nigeria must move away from the era where political actors behave as though the law is optional. Democracy survives on discipline, order, and respect for institutions. Once the courts have spoken, every patriotic citizen ought to bow to the supremacy of the law.
Mr. Abure must therefore desist from further acts capable of misleading the public, deceiving unsuspecting aspirants, and destabilizing the Labour Party. Any continued attempt to unlawfully parade himself as Chairman of the party or present candidates under an illegal structure may amount not only to political fraud on innocent party members and supporters, but also a deliberate misrepresentation capable of attracting serious legal consequences.
Members of the public, aspirants, and political stakeholders are therefore strongly advised to exercise caution and avoid dealing with unauthorized persons or factions whose actions are clearly contrary to established judicial pronouncements and the lawful leadership of the party.
The time has come for all genuine stakeholders to rally around lawful authority, obey court decisions, and allow peace, order, and internal democracy to flourish within the party and the nation at large.
M.O. Ubani, SAN
Legal Practitioner and Public Affairs Commentator.
NEWS
Business Associates, Family Celebrate Bennie Kiddies Founder on Birthday
The Chief Executive Officer of Bennie Kiddies, Mrs. Benita Chizelum Ifeanyi, today marked her birthday celebration with gratitude to God for the gift of life, good health, and the blessings she has enjoyed over the years.
Speaking during the celebration, Mrs. Ifeanyi expressed appreciation to God for preserving her life and granting her growth in different areas of her personal and business journey. According to her, the year has been filled with blessings for both her and her family.
“Today, I’m filled with nothing but gratitude. Thank You God for the gift of life, for good health, peace of mind, and for carrying me through every season. Thank You for growth in every area of my life.”
Family members also poured out heartfelt tributes to celebrate her new age, describing her as a loving, supportive, and selfless woman who has continued to stand by her family during difficult times.
In an emotional message, by the family members they stated,
“Honestly, we don’t know where we would be without you. You have sacrificed so much for us, stood by us during hard times, and loved us in ways words can never fully explain. Thank you for always putting us first, for your strength, your care, your prayers, and every little thing you do that sometimes goes unnoticed.
“You deserve all the happiness, peace, love, and blessings in this world. We pray God rewards every sacrifice you’ve made for us and grants all your heart desires. May this new age bring you joy, favour, good health, and endless love.”
Mrs. Benita Chizelum Ifeanyi is widely known as the founder and CEO of Bennie Kiddies, a growing business brand that specializes in the sales of quality baby wears and accessories. Popularly known on social media as “Bennie Kiddies,” she has built a reputation as a successful businesswoman and a graduate who is committed to providing baby products to customers within and outside Nigeria.
Customers, well wishers and anyone who loves babies and cares for them can reach her business through Instagram at, @Bennie_Kiddies or via call and WhatsApp on (+234) 0906 455 2950, as the brand offers delivery services worldwide.
Friends, family members, business associates, and well wishers joined in celebrating the goodness of God in her life and the continued success of Bennie Kiddies as she marks another remarkable year.
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