Human Rights Lawyer Files Suit Challenging Outrageous Nomination Form Fees
A human rights lawyer and Executive Director of Human Rights and Empowerment Project Ltd/Get, Francis Moneke, has through his counsel, Ikenna Okoli, SAN filed a suit against the APC, PDP and INEC challenging the propriety, legality and constitutionality of the outrageous nomination form fees imposed by the political parties on aspirants for various elective positions in the forthcoming 2023 general elections.
The suit which was filed on Monday 9th May 2022 at the Federal High Court Abuja is marked as Suit No. FHC/ABJ/CS/618/2022, brought under the Fundamental Rights (Enforcement Procedure) Rules, 2009 and Article 13 (1) of the African Charter on Human and People’s Rights.
The reliefs sought by the Application are as follows:
1.1 A DECLARATION that the requirement by the 1st and 2nd respondents that members of their parties that wish to contest for the office of the President of the Federal Republic of Nigeria in the forthcoming 2023 general elections should pay ₦100,000,000 and ₦40,000,000 respectively to purchase nomination forms violates Article 13 (1) of the African Charter on Human and Peoples’ Rights (Ratification & Enforcement) Act, Cap. A9, LFN, 2004, is also contrary to the provisions of Section 84 (3) of the Electoral Act, 2022 and the provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) relating to qualifications of candidates for elective positions in Nigeria.
1.2 A DECLARATION that the act of the 1st and 2nd respondents and other political parties in fixing various amounts of money for the purchase of nomination forms by members of their political parties who wish to contest for various elective positions in the forthcoming 2023 general elections and any other elections violates Article 13 (1) of the African Charter on Human and Peoples’ Rights (Ratification & Enforcement) Act, Cap. A9, LFN, 2004, is also contrary to the provisions of Section 84 (3) of the Electoral Act, 2022 and the
provisions of the Constitution of the Federal Republic of Nigeria, 1999
(as amended) relating to qualifications of candidates for elective
positions in Nigeria.
1.3 A DECLARATION that the 3rd respondent is obligated to ensure that all
political parties in Nigeria comply strictly with the provisions of the
Electoral Act and any other law relating to elections and the
qualification and participation of Nigerians in such elections.
1.4 AN ORDER compelling the 1st and 2nd respondents to forthwith
cancel the requirement for the payment of money for the purchase of
nomination forms for the office of the President of the Federal
The Republic of Nigeria or any other elective political office in the
forthcoming 2023 general elections or any other elections, and to
immediately refund any candidate who has paid any amount
whatsoever for the purchase of the nomination form.
1.5 AN ORDER compelling the 1st and 2nd respondents to avail any
member of their political parties who wish to contest for any elective
political office in the forthcoming 2023 general elections or any other
elections with their nomination form free of charge.
1.6 AN ORDER directing the 3rd respondent to refuse to recognise, for any
election in Nigeria to be conducted by the 3rd respondent, any political
the party that violates the law by levying fees for the purchase of
nomination forms.
1.7 And for such further order or other orders as this Honourable Court
may deem fit to make in the circumstance. According to the Applicant, the above reliefs sought from the court are
predicated on the following grounds:
1.1 The act of the 1st and 2nd respondents in putting huge price tags for
the procurement of nomination forms by Nigerians and members of
their political parties who wish to contest for various elective political
offices in the forthcoming 2023 general elections and elections
generally, amount to a gross violation of Article 13 of the African
Charter on Human and Peoples’ Rights (Ratification & Enforcement)
Act, Cap. A9, LFN, 2004, which guarantees the right of every Nigerian
to free access to participate directly in the government of the country.
1.2 Article 13 of the African Charter on Human and Peoples’ Rights
(Ratification & Enforcement) Act, Cap. A9, LFN, 2004, is affirmed by
the provision of Section 84 (3) of the Electoral Act, 2022, which
provides that “a political party shall not impose nomination qualification
or disqualification criteria, measures or conditions on any aspirant or
candidate for any election in its constitution, guidelines, or rules for
nomination of candidates for election, except as prescribed under
sections 65, 66, 106, 107, 131, 137, 177 and 187 of the Constitution.”
1.3 The relevant sections of the Constitution of the Federal Republic of
Nigeria, 1999 (as amended) clearly outlined the criteria for
qualification to contest for various elective political offices in Nigeria
either at the Federal or State level and nothing in those provisions
require payment of nomination fees by candidates or authorises
political parties to levy any fees on aspirants for procurement of nomination forms.
The Applicant argues that the sponsorship and nomination of candidates for election though being a matter seemingly within the purview of a political party’s internal affairs, the court has the jurisdiction to strike down such exercise of a party’s right when it violates the law and/or the Constitution. He cited the Supreme Court decision in Pali v. ABDU (2019) LPELR-46342 and the Court of Appeal decision in Nyako v. Ardo (2013) LPELR- 20848 as authorities for the foregoing argument. Also, the Applicant contends that any form of monetary condition for participation in an election is a violation of the right to free participation in the government of Nigeria guaranteed under Article 13 (1) of the African Charter, which the Court of Appeal affirmed in the case of Nnaike v. AG Enugu State (2017) LPELR-43443
