Section 77
Political parties to be bodies corporate(1) A political party registered under this Act shall be a body corporate with perpetual succession and a common seal and may sue and be sued in its corporate name.
(2) Every registered political party shall maintain a register of its members in both hard and soft copy.
(3) Each political party shall make such register available to the Commission not later than 30 days before the date fixed for the party primaries, congresses or convention.
This provision provides that all registered political parties are corporate bodies which shall maintain a register of its members and make same available to the commission whenever needed. The implication of vesting corporate personality on political parties is that they can sue and be sued, have perpetual succession and a common seal. Hence, the political party is distinct from the members and the law accords individual recognition and rights to both distinctively.
ABEGUNDE V. ONDO STATE HOUSE OF ASSEMBLY & ORS (2014) LPELR-23683(CA)
"A registered political party is a body corporate and a legal entity which can sue and be sued. A political party and its members are not one and the same. The Supreme Court in OBASANJO v. BUHARI cited (Supra) had cause to distinguish between the two persons and puts the law succinctly thus: - "By virtue of Section 70 of the Electoral Act, 2002, a registered political party is a body corporate and a legal entity which can sue or be sued. Thus, a political party and its members are not one and the same. The law gives them Independent recognition and rights."
On whether a Political Party’s failure to submit its register of members to INEC before an election can cause the disqualification of its candidate in the election.
YUSUF ABBA KABIR v. ALL PROGRESSIVES CONGRESS (APC) & 2 ORS. (SC/CV1179/2023) (Unreported) Per. John Inyang Okoro, JSC @ Pg 27 – 28
The Supreme Court in ruling on the implication of a political parties failure to submit its register of members not later than 30 days
before the election held thus;
“I also hold the opinion that the requirement under section 77(3) of the Act for submission of register of members to INEC not later
than 30 days to the party primaries is to ascertain that the party to be put on the ballot is not a hoax. In view of the above, the court below
erred in law when it held that section 134 (1) (a) of the Electoral Act juxtaposed with Section 77(3) of the Act has opened a window for the court
to investigate the qualification of this Appellant duly sponsored by the 3rd Respondent. No door or window was opened at any point.
It does not matter whether the Appellant is a foundation member of the 3rd Respondent or joined shortly before the primaries. As long as the 3rd
Respondent has accepted him, nominated him and sponsored him, the door is shut and the ship has sailed.”
PETER OBI & ANOR V. INEC & 2 ORS. (CA/PEPC/03/2023)
It is only the 2nd Petitioner (Labour Party) that has the sole prerogative of determining who are its members, and having sponsored the 1st
Petitioner (Obi) as its candidate for the Presidential election, the Petitioner has satisfied the requirement of being a member of the 2nd
Petitioner as provided for in Section 131(c) of the 1999 Constitution.
Section 77(3) of the Electoral Act, 2022 which only mandates every political party to submit the register of its members 30 days before its party primaries cannot be invoked by the Respondents for the purpose of challenging the 1st Petitioner's membership of the 2nd Petitioner (Labour Party).
HIGH CHIEF IKECHI EMENIKE & APC V. INEC, DR. ALEX CHIOMA OTTI & LP (APPEAL NO: CA/OW/EP/GOV/AB/35/2023), per Abiru JCA:
It is obvious that the requirements of a political party maintaining a Register of Members and making it available to the Independent National
Electoral Commission thirty days before the date fixed for the party primaries, congresses or convention is purely for regulatory purposes.
This is more so as there is no sanction provided in the Electoral Act for a political party that fails to comply with the provisions.
The submitted Register of Members is not, and cannot be, conclusive on who are the members of a political party at the time fixed for the
party primaries, congresses or convention as there is nothing in the provisions banning political parties from taking on new members after the
submission of their Register of Members to the Independent National Electoral Commission - See. Enang Vs. Asuquo (2023) 1 NWLR (Pt 1896) 510 at 536G.
Also, there is nothing in the provisions debarring such new members who joined after the submission of the Register of Members from participating in the primaries, congresses or convention of the political party conducted thereafter.
See also: CHIEF OKECHUKWU AMBROSE AHIWE & PDP v. INEC; DR. ALEX CHIOMA OTTI & LP (SC/CV/1250/2023)
The Supreme court held that there is no requirement of the 1999 Constitution (as altered) to the effect that a candidate may only qualify as such if his name was in the Register of Voters of the political party which sponsored him or her, at least thirty (30) days before the primary election
Helen Ogunwumiju, JSC stated as follows: “It will amount to an atrocious violation of the Constitution for a Court to read the provision of Section 77 of the Electoral Act, 2022 into the Constitution and bend same to conform to Section 177 (c) of the 1999 CFRN. That appellant was trying to donate a consequence or penalty to section 77 which does not exist.”
