By Mercy Olatayo
The Centre for Community Law and Amos Osaigbovo Enabulele, a professor of international law, have filed a suit before the ECOWAS community court of justice challenging Nigeria’s requirement that candidates for elective offices must be sponsored by political parties.
In the application filed on April 15, 2026, the applicants asked the court to declare that constitutional provisions mandating party sponsorship for candidates violate citizens’ political rights under international human rights instruments.
The Federal Republic of Nigeria is listed as the sole respondent in the case.
The applicants are contesting sections 65(2)(b), 106(d), 131(c), and 177(c) of the 1999 Constitution, as amended, alongside section 105(e) of the Electoral Act 2026.
They argued that the provisions make party membership and sponsorship mandatory conditions for contesting elective positions, thereby preventing independent candidacy.
According to the applicants, the arrangement breaches Nigeria’s obligations under regional and international instruments, including the African Charter on Human and Peoples’ Rights, the International Covenant on Civil and Political Rights, and the African Charter on Democracy, Elections and Governance.
The Centre for Community Law, a civil society organisation (CSO) registered in Nigeria, said the case was filed in the public interest, while Enabulele, a registered voter, argued that his right to contest for public office is impeded by the requirement for party sponsorship.
The applicants anchored their claims on provisions of the African Charter guaranteeing citizens the right to participate freely in governance and protecting freedom of association.
They argued that making political party membership a prerequisite for contesting elections effectively compels citizens to join associations, contrary to the Charter.
They also contended that the current legal framework discriminates against citizens who choose not to affiliate with political parties.
To support their claims, the applicants cited a ruling by the African Court on Human and Peoples’ Rights in the case of Tanganyika Law Society and Reverend Christopher Mtikila v. United Republic of Tanzania, in which the court held that mandatory party membership for candidates violated political participation rights.
They also referenced decisions of the ECOWAS Court, including Ligue Togolaise des Droits de l’Homme v. Togolese Republic (2026) and Khalifa Ababacar Sall v. Republic of Senegal, which affirmed the right of citizens to vote and be elected.
The applicants argued that the ECOWAS court has jurisdiction to hear the case under its protocol, which allows it to determine allegations of human rights violations within member states.
They added that non-governmental organisations with legal personality are permitted to institute public interest cases before the court.
The suit also relied on a 2025 ruling involving the Incorporated Trustees of Prince & Princess Charles Offokaja Foundation v. Nigeria, in which the court held that actions intended to benefit the public qualify as public interest litigation.
The applicants are asking the court to declare that the contested provisions violate Articles 2, 10, and 13 of the African Charter, as well as relevant provisions of the ICCPR and the African Charter on Democracy, Elections and Governance.
They are also seeking orders compelling Nigeria to amend or repeal the affected constitutional and electoral provisions.
Additionally, they requested directives requiring legislative and administrative measures to regulate independent candidacy in Nigerian elections.
The applicants further sought an interim order restraining enforcement of the provisions and requested an expedited hearing of the case.
The court has yet to fix a hearing date.
BACKGROUND
Nigeria has required political party sponsorship for candidates seeking elective office since the return to democratic rule in 1999.
The suit comes amid preparations for the 2027 general elections by the Independent National Electoral Commission (INEC), which recently released a revised timetable for the polls.
The applicants argued that the continued enforcement of party sponsorship rules could restrict political participation, particularly at a time when several political parties are experiencing internal disputes.
The case is expected to test the legality of Nigeria’s electoral framework at the regional level, particularly regarding the recognition of independent candidacy in elections.
