The Labour Party (LP) has issued a warning to the Independent National Electoral Commission (INEC), threatening to seek legal nullification of the August 16, 2025 by-election if its candidates are excluded from the contest. The move raises the stakes in what could become one of the most contentious electoral disputes of the year.
In a statement on Tuesday, LP National Publicity Secretary, Obiora Ifoh, accused INEC of operating “for interests that are anti-democratic” and undermining constitutional provisions by failing to publish the party’s candidates’ names or include its logo on the ballot. He warned that any attempt to sideline the LP would not only breach the Electoral Act but also waste public funds committed to the exercise.
“If INEC goes ahead to conduct the by-election without publishing the names of our candidates and ensuring our logo appears on the ballot, we will seek the nullification of the election in accordance with the law,” Ifoh said.
Read also: APC chieftain rallies southern, northern leaders to back Tinubu’s re-election
At the core of the LP’s threat is Section 29(1) and Section 84 of the Electoral Act 2022, which guarantee political parties the right to field candidates in an election and seek legal redress if unlawfully excluded. Ifoh argued that the law provides “adequate remedies for any act or omission by the commission that has shortchanged the party or put its image in disrepute.”
According to him, the commission’s actions risk violating these provisions, creating a legal basis for nullifying the by-election should it proceed without the LP’s participation. “INEC is gambling with the huge resources of the country being expended on the by-election scheduled for 16 August,” he said.
Beyond the legal argument, Ifoh appealed to Nigerians to mount public pressure on INEC Chairman, Prof. Mahmood Yakubu, urging him to respect both the Constitution and the Electoral Act. The LP’s position, he said, is not merely about internal party politics but about safeguarding democratic principles.
“What interest is INEC protecting that will make it throw the entire country into unnecessary crisis and incur such colossal financial waste?” he asked, suggesting the commission’s decision could erode public trust in the electoral process.
The party’s stance is also strengthened by a Supreme Court judgment delivered on 4 April 2025, which reaffirmed that leadership disputes within political parties are internal matters beyond INEC’s interference. Ifoh said this ruling invalidates any claim that leadership wrangles justify excluding LP candidates from the ballot.
He pointed out that, following due process, the LP held its national convention in Nnewi on 27 March 2024, producing Julius Abure as its leader. “INEC under Prof. Yakubu must respect the decisions of both the Supreme Court and the leadership of the Labour Party,” he insisted
The August 16 by-election is seen as a litmus test for several parties ahead of the 2027 general elections, especially in districts where margins of victory are historically narrow. Analysts note that the exclusion of a major political party like the LP could tilt the outcome in favor of rivals, raising questions about fairness and legitimacy.
A Political scientist told BusinessDay that any exclusion would likely trigger “a protracted legal crisis,” potentially delaying the seating of elected officials and undermining governance in affected constituencies. “We have seen similar disputes in past elections, but the stakes are higher now given the current political climate,” she said.
Electoral disputes come with significant costs, not only in terms of legal fees but also in the potential need to rerun polls. Ifoh warned that proceeding with the by-election without resolving the LP’s grievances could lead to “colossal financial waste” if courts later void the results.
INEC has not yet issued a formal response to the LP’s allegations. However, senior commission officials, speaking off the record, said the matter stems from “unresolved internal disagreements” within the party, a position the LP rejects outright.
Read also: 2027: Nigeria’s defining democratic test – Imperative for free and fair elections
The dispute underscores long-standing tensions between Nigeria’s electoral body and political parties, particularly over interpretations of the Electoral Act and the role of the judiciary. Legal experts warn that the growing trend of post-election litigation risks weakening public confidence in the democratic process.
“If voters start to believe elections are predetermined by administrative decisions rather than ballots, it will damage the very foundation of our democracy,” said constitutional lawyer Aisha Balogun.
With just days to the by-election, both legal and political pressures on INEC are mounting. For the LP, the coming days represent a last window to secure its place on the ballot through dialogue or court action. For INEC, the challenge will be balancing legal compliance with maintaining the credibility of the electoral process.
Regardless of the outcome, the episode is a reminder that in Nigeria’s political landscape, the battle for power is often fought as much in courtrooms as at the polls.
