Key Takeaways
- The Federal Capital Territory (FCT) High Court ruled that diaspora chapters of Nigerian political parties, including the All Progressives Congress (APC) in the United Kingdom, are illegal and unconstitutional.
- The APC must dissolve all its overseas executive committees, transfer over ₦30 million raised from form sales to the Independent National Electoral Commission (INEC), and cease any fundraising or organizational activities abroad.
- Nigerians living abroad may still support candidates individually, but parties cannot formally organize, collect dues, or hold congresses outside Nigeria’s territorial boundaries.
- Violators—individuals or groups chairing, managing, or soliciting funds for diaspora chapters—face fines of up to ₦5 million and possible imprisonment.
- The judgment reinforces INEC’s authority to monitor and account for foreign donations under Section 254 of the 1999 Constitution, requiring parties to report such contributions within 21 days.
Background of the Case
The Independent National Electoral Commission (INEC) filed suit No: CV/187/2025 against the All Progressives Congress (APC) seeking to nullify the party’s United Kingdom diaspora chapter. INEC argued that the APC’s overseas structure operated outside the legal framework governing political parties in Nigeria, raising concerns about unlawful fundraising and unregulated political activity. The suit highlighted that the APC had conducted congresses, collected membership dues, and solicited financial contributions from Nigerians residing in the UK and other foreign countries without notifying or accounting to INEC.
Court’s Findings on Legality
Justice Peter Kekemeke delivered a decisive judgment, declaring that diaspora chapters of Nigerian political parties are illegal, unconstitutional, and unknown to Nigerian law. He emphasized that no political party registered in Nigeria possesses constitutional authority to establish, maintain, or conduct congresses beyond the country’s territorial limits. The judge stressed that the APC, as the first defendant, lacked the legal power to recognize, supervise, or receive funds from its membership residing outside Nigeria.
Financial Obligations Imposed
The court ordered the APC to transfer more than ₦30 million—generated from the sale of party forms in the diaspora—to INEC. This sum was deemed unlawfully collected because the party had no statutory mandate to raise funds abroad. The ruling also mandated that the APC, and any other political party, must notify INEC and provide a full account of all donations received from persons or organizations outside Nigeria within 21 days, as stipulated by Section 254 of the 1999 Constitution.
Scope of Permitted Diaspora Activity
While the judgment barred formal party structures abroad, it clarified that Nigerians living overseas remain free to support and mobilize for their preferred candidates individually. The court distinguished between personal political expression—which is permissible—and organized party activities such as establishing executive committees, collecting dues, or convening congresses, which remain prohibited. This nuance aims to preserve diaspora engagement while upholding constitutional boundaries.
Penalties for Non‑Compliance
Justice Kekemeke warned that any individual or group chairing, managing, or soliciting membership dues or financial contributions for a diaspora chapter commits an offence punishable by a fine of up to ₦5 million and possible imprisonment. The ruling extends liability to anyone who operates, sponsors, promotes, or associates with such a chapter, thereby creating a strong deterrent against illicit overseas party operations.
Orders to Dissolve and Restrain
The judge issued a mandatory order directing the APC to dissolve all executive committees, governing bodies, and party structures in the United Kingdom and any other diaspora location. Additionally, the court restrained the APC from establishing, constituting, or maintaining any sector of its party outside Nigeria’s territory. These injunctions are intended to eradicate existing unauthorized structures and prevent future attempts to recreate them.
INEC’s Role and Reaction
INEC welcomed the judgment, noting that it vindicated the commission’s longstanding concerns about the legality of diaspora party activities. The commission had previously criticized the APC’s UK congress as falling outside Nigeria’s constitutional and legal framework and electoral laws. INEC expressed its intention to recover the unlawfully collected funds and to enforce the court’s directives, including monitoring compliance with the 21‑day reporting requirement for foreign donations.
Broader Implications for Nigerian Politics
The ruling sets a precedent that could affect all Nigerian political parties with overseas sympathizers or informal networks. It reinforces the principle that political party regulation is territorially confined to Nigeria, limiting the ability of parties to exploit diaspora resources for domestic advantage. Observers predict that parties will now focus on strengthening internal structures within Nigeria while engaging diaspora supporters through unofficial, non‑financial channels such as social media advocacy and volunteerism.
Conclusion
The FCT High Court’s decision marks a significant clarification of the legal limits governing Nigerian political parties’ activities abroad. By declaring diaspora chapters illegal, mandating the return of illicit funds, and imposing stringent penalties for violations, the judgment seeks to protect the integrity of Nigeria’s electoral process. Parties must now adjust their operations to comply with constitutional provisions, ensuring that any engagement with Nigerians in the diaspora remains informal, voluntary, and fully transparent to INEC. The ruling thus balances the diaspora’s legitimate political enthusiasm with the necessity of upholding national legal standards.