A LEGAL SURVEY ON SECTION 221 OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA 1999

Abstract

Section 221 of the Constitution of the Federal Republic of Nigeria 1999 provides that no association, other than a political party, shall canvass for votes for any candidate at any election or contribute to the funds of any political party or to the election expenses of any candidate at an election. The assertive question of whether votes cast in an election in Nigeria belong to the candidates or to their political parties has come up for judicial determination in several cases in Nigeria. The latest case in which the said question came up for determination was Suit No.: FHC/ABJ/CS/920/2021 between Peoples Democratic Party (PDP) & 2 Ors. v. Engineer David Nweze Umahi & Anor. which case later went on appeal vide Appeal No.: CA/ABJ/CV/275/2022 between Engineer David Nweze Umahi & Anor. v. Peoples Democratic Party (PDP) & 2 Ors. This Paper interrogates the legal purport of the provisions of Section 221 of the Constitution of the Federal Republic of Nigeria 1999. The researchers found, inter alia, that it is high time that the position of the law relating to the said constitutional provisions became trite and settled so much so that lawyers and the Courts in Nigeria shall no longer be ‘tossed to and fro’ as long as the said constitutional provisions remain unaltered. It is the researchers’ conclusion that sponsorship of candidates and canvassing for votes for the candidates by political parties in any election does not and should not be stretched to translate into ownership by the respective political parties of the votes cast in that election. It is recommended, in the main, that the Court in Nigeria should once and for all categorically settle the aforesaid assertive question and resist any further attempt by any politician or political party to unsettle the issue again as far as the provisions of Section 221 of the Constitution of the Federal Republic of Nigeria 1999 remain unaltered.