LEGAL PRINCIPLE: ELECTION LAW — Jurisdiction — Political Party Internal Affairs — Non-Justiciability of Candidate Sponsorship
PRINCIPLE STATEMENT
The issue of who should be a candidate of a political party at any election is a political issue to be determined by the party's rules and constitution. It is a domestic issue and not justiciable in a court of law.
RATIO DECIDENDI (SOURCE)
Per Katsina-Alu, JSC, in Dalhatu v. Turaki & Ors (2003) NLC-312003(SC) at p. 8; Paras A–C.
"The issue of who should be a candidate of a given political party at any election is clearly a political one to be determined by the rules and constitution of the said party. It is thus a domestic issue and not such as would be justiciable in a court of law. This is so because the power and the right to nominate and sponsor a candidate to an election are vested in a political party and the exercise of this right is the domestic affair of the party."
EXPLANATION / SCOPE
Political party candidate nomination is non-justiciable. The principle applies to election matters. Courts will not interfere with party internal affairs. The rule respects party autonomy. The proper remedy is within the party. The principle is well-established.