Section 82
Notice of convention and congress(1) Every registered political party shall give the Commission at least 21 days’ notice of any convention, congress, conference or meeting convened for the purpose of “merger” and electing members of its executive committees, other governing bodies or nominating candidates for any of the elective offices specified under this Act.
(2) The Commission may, with or without prior notice to the political party attend and observe any convention, congress, conference or meeting which is convened by a political party for the purpose of —
(a) electing members of its executive committees or other governing bodies;
(b) nominating candidates for an election at any level; and
(c) approving a merger with any other registered political party.
(3) TThe election of members of the executive committee or other governing body of a political party, including the election to fill a vacant position in any of the aforesaid bodies, shall be conducted in a democratic manner and allowing for all members of the party or duly elected delegates to vote in support of a candidate of their choice.
(4) Notice of any congress, conference or meeting for the purpose of nominating candidates for Area Council elections shall be given to the Commission at least 21 days before such congress, conference or meeting.
(5) Failure of a political party to notify the Commission as stated in subsection (1) shall render the convention, congress, conference or meeting invalid.
This provision mandates all registered political parties to give at least 21 days’ notice to the Commission, of its convention, congress, conference or meeting convened for the purpose of any merger, election of its executive committees, nomination of candidates for any elective offices or a merger. (Merger is a 2022 addition).
The Commission is by this provision saddled with the responsibility of monitoring primary elections of political parties seeking to nominate candidates from their respective political parties for elective positions.
The Commission is also empowered by this provision to, with or without prior notice, attend any such convention, congress, conference, or meeting convened by any political party
Any convention, congress or meeting for which the party fails to give the requisite notice would be deemed invalid.
Unlike the 2022 Act, the 2010 Act did not invalidate party conventions/congresses where notice was not given to INEC.
LABOUR PARTY v. WIKE & ORS (2015) LPELR-25991(CA)
“Section 85(1) of the Electoral Act 2010 (as amended) states: "a registered political party shall give the commission notice at least 21 days' notice of any conventions, congress, conference or meeting convened for the purpose electing members of its executive committees, other governing bodies or nominating candidates for any of the elective offices specified under this Act. Clearly by this provision [Section 85(1) of the Electoral Act 2010], the 21 days' notice is mandatory. See AMAECHI v. INEC (2008) 5 NWLR part 1080 at 227; non-compliance with this provision of the law renders any purported election, primary or nomination invalid; see C.P.C V. OMBUGADU (2013) 18 NWLR part 1385. Section 137 (1) (a) and (b) of the Electoral Act relied on by the appellants cannot come to its aid, because, a political party cannot claim, by any stretch of imagination, to have participated in an election, and yet be in breach of the Electoral Act, the law that guides and regulates elections; that will be preposterous.”
AKINYELE & ANOR v. ADEWALE & ORS (2015) LPELR-25718(CA)
“This issue revolves around the interpretation the trial Tribunal gave to Section 85(1) of the Electoral Act. The backbone of the Appellants case before the trial Tribunal centers on the alleged non-compliance with Section 85(1) of the Electoral Act. It provides thus: "A registered political party shall give the Commission at least 21 days notice of any convention, congress, conference or meeting convened for the purpose of electing members of its executive committees, other governing bodies or nominating candidates for any of the elective offices specified under this Act." The trial Tribunal in its judgment at pages 287 of the record of appeal held as follows: "It is necessary to consider the purpose or essence of the notice required under Section 85(1) of the Electoral Act.”
