Electoral Shake-up: Supreme Court Verdict Imperils Candidates Not on Party Registers

Amidst varied interpretations of a recent Supreme Court judgment concerning Section 77 of the Electoral Act 2026, the All Progressives Congress (APC) has formally urged the Independent National Electoral Commission (INEC) to immediately enforce the apex court’s ruling, delivered on September 24, 2026. The judgment, originating from the suit INEC v. Zenith Labour Party (Suit No. SC/CV/495/2026), unequivocally reaffirmed the validity of Section 77 of the Electoral Act 2026.

A core directive of the Supreme Court’s decision is the statutory requirement for all political parties to submit their comprehensive membership registers to INEC at least 21 days before the commencement of their primaries, congresses, and conventions. Crucially, the judgment stipulates that only individuals whose names are contained in these duly submitted registers are eligible to vote and be voted for in these internal party electoral processes. This ruling also saw the Supreme Court setting aside a previous order by the Court of Appeal that had nullified Sections 77(5) to 77(7) and 84(2) of the Electoral Act 2026, along with Activity Serial Number Two of INEC’s Revised Timetable and Schedule of Activities for the 2027 General Election.

Delving into the specifics, Section 77(4) of the Electoral Act 2026 mandates political parties to make their registers available to the Commission no later than 21 days before their internal elections. Section 77(5) further clarifies that eligibility to participate (vote and be voted for) is strictly tied to being named in the submitted register. Furthermore, Section 77(6) explicitly prohibits political parties from utilizing any register other than the one submitted to INEC for these designated purposes. The Supreme Court, at page 24 of its judgment, underscored the severe implication of Section 77(7), stating that a political party failing to submit its digital membership register within the prescribed period risks being precluded from fielding candidates in the upcoming general election. This interpretation emphatically highlights the mandatory nature of these statutory requirements and the significant legal consequences of non-compliance.

The apex court was emphatic, particularly at pages 25–26 of its judgment, that the fundamental objective of Section 77 is to fortify internal democracy within political parties. This includes ensuring the fair, transparent, and verifiable conduct of party primaries, congresses, and conventions. The Supreme Court also stressed that the timely submission of membership registers, the eligibility criteria for members, and the exclusive use of the INEC-submitted register are all integral to achieving this objective. The judgment’s foundation rests on Section 228(a) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), which empowers the National Assembly to legislate guidelines for internal party democracy. Citing Ardo v. Nyako (2014) 10 NWLR (Pt. 1416) 591 at 620, the Court reiterated that while political parties retain the power to nominate candidates, the procedure for nomination is not arbitrary but must follow established guidelines, requiring either direct or indirect primaries.

The Supreme Court, at page 34 of its judgment, noted that INEC had provided sufficient time to political parties, in line with Section 77(4), to submit their digital membership registers, leaving no justifiable reason for non-compliance. The constitutional imperative for enforcement is further solidified by Section 287(1) of the 1999 Constitution, which dictates that Supreme Court decisions are binding and must be enforced by all authorities and persons across the Federation. As INEC was the appellant in the suit, it is directly bound and obligated by this judgment.

In a letter dated October 9, 2026, jointly signed by APC National Chairman, Professor Nentawe Goshwe Yilwatda, and National Secretary, Senator Surajudeen Ajibola Basiru, and addressed to INEC Chairman Professor Joash Amupitan, SAN, the APC respectfully requested the Commission to: (i) Immediately enforce the judgment; (ii) Verify strict compliance with Section 77(4) by all parties; (iii) Apply the statutory consequences of non-compliance as per Section 77(7), including the exclusion of parties from fielding candidates; and (iv) Ensure strict adherence to Sections 77(5) and 77(6), guaranteeing only duly registered members vote and are voted for, and prohibiting alternative registers. The APC insisted that compliance with Section 77 is a statutory obligation, not discretionary, and that any disregard would undermine internal party democracy, electoral transparency, and the rule of law.

Responding to public anxiety following the ruling, INEC has confirmed its commitment to enforcing the judgment. Mohammed Kudu Haruna, INEC National Commissioner and Chairman of the Information and Voter Education Committee (IVEC), stated on Wednesday that political parties that fielded candidates whose names were not on the submitted membership registers would be barred from contesting in the 2027 general elections. Haruna emphasized that affected parties would not be permitted to substitute candidates, asserting that parties should not benefit from legal violations, drawing parallels to past cases in Zamfara and Plateau states. He indicated that the Commission would convene next week to finalize decisions on the implications of the judgment.

INEC Chairman, Professor Joash Ojo Amupitan, had earlier disclosed on Tuesday in Abuja that the Commission received a Certified True Copy (CTC) of the Supreme Court’s judgment. Haruna explained that the delay in pronouncement was due to the necessity of obtaining the official CTC and legal advice, citing past instances of forged Supreme Court judgments. He warned that, depending on INEC’s review, some political parties might be unable to field candidates for various elective positions, from governorships down to State Houses of Assembly, if their candidates' names were not on the party register at the time of contesting for tickets. The revised timetable for the 2027 elections schedules presidential and National Assembly elections for Saturday, January 16, 2027, and governorship and State Assembly elections for Saturday, February 6, 2027. Party primaries were slated between April 23 and May 30, 2026, with candidate nominations due from June 27 to July 11, 2026, making the 21-day submission requirement crucial.