LEGAL PRINCIPLE: CONSTITUTIONAL LAW — Political Parties — Section 222 Conditions — Exhaustive or Not
PRINCIPLE STATEMENT
The conditions in section 222 are not exhaustive. The National Assembly may enact laws that add to or edify the conditions, as long as they are not inconsistent with the six conditions set out in section 222.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in INEC & Anor v. Musa & Ors (2003) NLC-2282002(SC) at pp. 75–76; Paras D–A.
"The Constitution, the fons et origo of the legal system, cannot provide for all conditions and situations in respect of recognition of political associations as political parties. The conjunction 'unless' does not mean that the conditions are exhaustive. The conditions set the constitutional standard which must be fulfilled before a political association can be recognised as a political party. Nothing stops the National Assembly to use its powers to enact an Act, which confers on INEC the power to make any regulations or guidelines which add to or edify the conditions spelt out in section 222. The only time the courts will raise their eyebrows is when the regulations or guidelines made under an Act of the National Assembly are inconsistent with the six conditions set out in section 222."
EXPLANATION / SCOPE
The conditions in section 222 are not exhaustive. The National Assembly may supplement them. The principle applies to constitutional interpretation. Additional conditions must be consistent with section 222. The rule allows legislative supplementation. The court will strike down inconsistent conditions. The principle is well-established.