By Felix Khanoba
A law professor at the University of Abuja, Professor Mohammed Etudaiye, has called for an amendment to Section 221 of Nigeria’s Constitution, advocating that associations with legitimate goals be permitted to support political candidates and donate to political parties.
Professor Etudaiye, who lectures in the Department of Jurisprudence and International Law, made the recommendation while delivering a lecture at the department’s second seminar held recently at the university’s Main Campus.
He described Section 221 as a “dead letter law,” asserting that it unfairly restricts electoral participation to political parties alone.
His lecture, titled A Conceptual Jurisprudential Exploration into Judicial Intervention in the Electoral Process in Nigeria, focused on constitutional interpretation and the role of the courts in Nigeria’s democratic system.
According to the erudite scholar, Section 221 of the 1999 Constitution (as amended) states: “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.”
Etudaiye argued that a broader interpretation by the Supreme Court could have allowed individuals — and by implication, associations pursuing lawful objectives — to offer support to political parties or candidates of their choosing.
“From a practical standpoint,” he said, “there have been innumerable occasions when a candidate who decamped to another political party has successfully engineered the victory of the latter.”
While acknowledging the legality of the constitutional clause, he contended that the provision lacks moral legitimacy and has criminalised the actions of numerous individuals and groups, often without repercussions.
Etudaiye also took issue with how the Supreme Court handles electoral disputes, criticising many decisions as lacking philosophical and jurisprudential foundation.
He advocated the rejection of the idea that votes belong to political parties, and encouraged a shift toward more reasoned legal interpretations.
Among his suggestions was the adoption of a “Perversity Principle” to assist the National Judicial Council (NJC) in scrutinising questionable judgments, which he said could be facilitated through a proposed Technical Response Directorate.
Describing the presentation as both timely and thought-provoking, Dean of the Faculty of Law, Professor Uwakwe Abugu, lauded Professor Etudaiye for offering valuable insights into judicial roles in elections. Head of Department, Dr Hauwa Kontagora, also reaffirmed the department’s dedication to fostering innovative legal scholarship and public engagement.
