By P. D. Pius, Esq.
In the high-stakes arena of Nigerian politics, ambitious aspirants often spend millions on campaigns, consultation tours, and party primaries. Yet, many leave behind a trail of unpaid debts. These ranges from unpaid campaign strategists and contractors to neglected legal fees owed to their own lawyers.
If you are a politician currently owing money while eyeing a political office, this is easily the worst time to play hide-and-seek with your creditors.
Under Section 126 of the Bankruptcy Act, any creditor can leverage legal machinery to file a bankruptcy application against a debtor.
When targeted at an aspiring candidate, a formal declaration of bankruptcy acts as an immediate legal barrier, effectively terminating their bid to be elected as a State Governor, Senator, Member of the House of Representatives, or House of Assembly member. Bankruptcy proceedings can be filed by anyone or any creditor and seek to disqualify a candidate. It does not matter that such creditor is not contesting election with the debtor.
The strategic window for creditors opens widest right when a politician’s ambition is on full display. If a politician has persistently refused to settle valid debts and goes on to declare an intention to contest or if the Independent National Electoral Commission (INEC) has officially published their name on the candidates’ list, that moment represents the ultimate point of leverage to initiate a bankruptcy application.
This legal roadblock is firmly anchored in the supreme law of the land. Under Section 66(1)(e) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) among other provisions, any individual who is an undischarged bankrupt, having been adjudged or declared bankrupt under any law in force in Nigeria, is explicitly disqualified from contesting an election.
Furthermore, the legal consequences extend beyond prospective candidates to those currently sitting in office. If a serving public officer or legislator accumulates personal debts, gets sued, and is ultimately declared bankrupt by a competent court, the law does not allow them to ride out their term. Their seat will be automatically declared vacant, stripping them of both power and immunity.
This reality serves as a serious wake-up call for politicians who treat professional fees, especially unpaid legal retainers as optional expenses. Lawyers understand the machinery of the court system better than anyone, and a candidate owing their legal team or general creditors is essentially handing their opponents and debt holders the exact weapon needed to dismantle their campaign.
In a political climate where electoral disputes are increasingly decided on pre-election technicalities, an unresolved debt is no longer just a private financial inconvenience. It is a fatal legal flaw capable of sinking a gubernatorial or legislative bid before the first ballot is even cast.
Disclaimer: This article is provided strictly for educational and legal information purposes and does not constitute formal legal advice.
P. D. Pius & Associates Law Firm ,www.pdpiusandassociates.com
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