THE APPLICATION OF THE DOCTRINE OF CORPORATE PERSONALITY TO POLITICAL PARTIES IN NIGERIA

Abstract

The doctrine of corporate personality establishes that on incorporation, a company acquires corporate personality. It becomes a legal person (artificial rather than natural) quite separate and distinct from its members. Political parties in Nigeria are also legal persons recognized by law and enjoys all the privileges appurtenant to a legal person including capacity to sue and be sued, ownership of properties, among others. This paper applied the doctrine of corporate personality and its exceptions to Political Parties in Nigeria. A doctrinal approach of research is adopted by examining statutes, case laws, existing literature on the topic. The paper argued that legal personality in the context of political parties refers to the legal recognition granted to a political party, enabling it to operate as a district legal entity, conferring upon the party certain rights and responsibility within the legal framework with the advantage of distinguishing a political party from its individual members so that it can hold property, enter into contracts and be liable for legal obligations independently. The paper finds that purpose of establishment, funding patterns and governing laws etc. between a corporation and a political party differs. The paper recommends among others that Independent National Electoral Commission (INEC) should ensure the observance of internal democracy in conduct of primaries in the same way the Corporate Affairs Commission and other regulators promotes the code of corporate governance; the process of registration and de-registration of political party should be properly harnessed to prevent proliferation of political parties especially those without clear agenda among others.