By Prof OBIARAERI N.O

Unpretentiously stated, politics is a roguish business. Nigeria’s politics has been characteristically impish notwithstanding strident efforts made overtime to introduce hygienic politics. The recent enactment of the Electoral Act, 2026 is unarguably the latest effort to introduce a culture of orderly power play politics beginning from regulating the conduct of political parties in the conduct of primary for election of their candidates. 

Section 86 of the Electoral Act, 2026 enacts that “All direct primaries shall be conducted in accordance with the guidelines of each political party” while section 87(1)  provides that “A political party that adopts a consensus candidate shall secure the written consent of all cleared aspirants for the position, indicating their voluntary withdrawal from the race and their endorsement of the consensus candidate” and (2) “Where a political party is unable to secure the written consent of all cleared aspirants for the purpose of a consensus candidate, it shall revert to the choice of direct primaries for the nomination of candidates for the elective positions”.

Under the repealed Electoral Act, 2022, party candidates could be elected by consensus, indirect primary or direct primary. Thus, expressly, the Electoral Act, 2026 did not provide for direct primary election. As an alternative viewpoint, it had been argued elsewhere that these restrictive provisions of the Electoral Act, 2026 negate section 40 of the Constitution of the Federal Republic of Nigeria, 1999 as amended which guarantees freedom of assembly and association. It was further vigorously canvassed that the restrictive provisions of sections 86 and 87 of the Electoral Act, 2026 which eliminated indirect primaries amounted to interfering with a political party’s right to manage its internal politics and affairs. The extant Constitution guarantees freedom of association. As long as the provisions of a party’s constitution is not unconstitutional, it was submitted that the Electoral Act, 2026 may be said to be in violation of the constitution in that regard. However, until the Courts adjudge otherwise or the provisions of sections 86 and 87 of the Electoral Act, 2026 are duly amended, the law remains that political parties can not adopt indirect primary to elect their candidates. 

The present position of the electoral law on indirect primary is not utterly useless or bad. It has its humungous merits. Indirect primary is otherwise called “delegates election”.  Under the old legal regime or order, aspirants who were “money bags” preferred indirect primary. 

Under indirect primary, delegates were the primary electors of party candidates. Hence, it was a big deal to be selected, nominated or elected a party delegate whether at the national or state level. That was akin to winning jackpot, a windfall or passport to quick riches through fleecing aspirants. With indirect primary, delegates played “small god”. It was transactional politics galore. Delegates collected huge cash and materials from hapless aspirants. Pointedly, delegates milked aspirants dry. Anyone who asserts otherwise is a barefaced crook. 

Delegates had no soul, no conscience, no scruples. Fear of delegates was the beginning of political wisdom. Delegates were pure political merchants, buccaneers and vultures. Merit was not their issue with their cash and carry mentality. Party members could literally “kill” to emerge as delegates because of the that booty or “spoils of war” that come with it. 

The delegate’s ware or product or article of trade was his or her singular vote which he or she could “sell and collect money” real time or ahead of time from as many gullible aspirants as possible. 

The good news is that with the Electoral Act, 2026, the obnoxious indirect primary has been abolished. Call it bad business if you like.  It bears repeating hat under the extant legal regime, only consensus and direct primary is allowed. Where consensus is not achievable, the aspirants will be made to go and face their party men and women in direct primary election. Here, every registered party member is a voter. Thus, no more camping of delegates or buying and selling of delegates and their votes by godfathers and god mothers. No more oath taking by delegates or swearing juju for aspirants.

With direct primary, aspirants are made to face their party men and women to decide their fate. With consensus, every aspirant must agree.  Though, direct primary is not free from abuses and challenges but it has completely eliminated the transactional or commercial traits of delegates. What is left to say is that how political parties manage the provisions of the Electoral Act, 2026 regarding election of their candidates via direct primary or consensus will determine whether the strident call for independent candidacy will not be the joker or masterstroke in curbing the excesses of political party in the election of credible candidates to stand election in Nigeria. progress, 

Now you know how eliminating indirect primary or delegates system under the Electoral Act, 2026 represents both pain and gain.  It is pain to potential delegates who hoped to 

milk aspirants dry to no avail and gain to Nigeria’s internal party democracy mechanism. What a good riddance to bad rubbish!

A new normal is possible!