Misnomer About Obi’s Membership of LP by Yemi Onifade

Hi Jimi, I’d like to correct a misnomer out there that Obi has to be a member of the party 30 days before the primaries.


Sec 131 of the Constitution says the aspirant must be a member of a party. It does not give conditions as to the length of membership. Sec 77 of the Electoral Act says parties should provide a list of membership at least 30 days to the primaries, it does not say the aspirant must be a member on that date. Finally, Sec 84 of the Electoral Act says parties cannot add any conditions for qualification of the aspirant other that those contained in Sec 131 of the Constitution.


Where did all these people get the notion that he must be a member of the party at the time the list is submitted to INEC.


This is the problem when many non lawyers try to practice law without understanding the relationship between the Grundnorm, primary legislation and secondary legislation, especially when it comes to Constitutional and Administrative Law

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