Legal Showdown: APC Demands INEC Enforce Apex Court Verdict on Electoral Act, Wike's Coalition Stands Firm

A recent Supreme Court judgment concerning the Electoral Act 2026 has ignited significant debate and raised questions about candidate eligibility ahead of Nigeria's 2027 general elections. The judgment, delivered on September 24, 2026, in the case of INEC v. Zenith Labour Party, affirmed the constitutionality of Sections 77(5), 77(6), and 77(7) of the Electoral Act 2026. This ruling specifically validates provisions requiring political parties to submit their membership registers to the Independent National Electoral Commission (INEC) at least 21 days prior to conducting primaries, congresses, and conventions.

In Rivers State, the Wike-backed Rainbow Coalition has moved to assuage concerns regarding its candidates' eligibility in light of the Supreme Court's decision. Speaking through its spokesman, Hon. Chibike Ikenga, who also serves as the APC Publicity Secretary in Rivers State, the coalition insisted that its candidates, including its governorship candidate Hon. Kingsley Chinda, have meticulously fulfilled all statutory requirements to qualify for the upcoming polls. Ikenga emphasized the coalition's support for INEC's constitutional mandate and reiterated their compliance with all qualifying conditions.

Conversely, the All Progressives Congress (APC) has issued a strong call for INEC to immediately enforce the Supreme Court judgment. In a letter dated October 9, 2026, addressed to the INEC Chairman and co-signed by National Chairman Prof. Nentawe Goshwe Yilwatda and National Secretary Senator Surajudeen Ajibola Basiru, the APC underscored that the judgment reinforces the principle that only members whose names appear in the duly submitted registers are eligible to participate in internal party processes, whether by voting or being voted for. The party urged INEC to diligently verify compliance across all political parties and apply statutory consequences without bias for any established violations, stressing that credible elections are rooted in transparent internal democracy and strict adherence to the rule of law.

INEC's National Commissioner for Information and Voter Education, Mohammed Haruna, has addressed the potential repercussions for non-compliant parties. During an appearance on Trust TV’s Daily Politics programme, Haruna indicated that parties found in violation of the Electoral Act’s relevant provisions could face sanctions, explicitly stating that such parties would not be permitted to substitute candidates whose nominations are invalidated due to non-compliance. He emphasized that no party should be allowed to benefit from legal violations. Haruna also announced that INEC is expected to issue a definitive pronouncement on the full implications of the Supreme Court judgment by Tuesday, October 13, 2026.

The judgment has undeniably stirred uncertainty regarding the eligibility of several prominent political figures. Those reportedly facing potential challenges to their nominations due to questions surrounding compliance with the membership-register requirements include Kingsley Chinda, the APC governorship candidate in Rivers State (also identified as the Rainbow Coalition's candidate); Ovie Omo-Agege, the Nigeria Democratic Congress (NDC) senatorial candidate for Delta Central; Donald Duke, former Cross River State Governor and Peoples Redemption Party (PRP) presidential candidate; and Victor Ochei, former Delta State House of Assembly Speaker. Other notable individuals mentioned are Mohammed Abubakar Adamu, former Inspector-General of Police and Social Democratic Party (SDP) governorship candidate in Nasarawa State; Prof. Isa Ali Pantami, former Minister of Communications and Digital Economy and Peoples Democratic Party (PDP) governorship candidate in Gombe State; and Senator Saliu Mustapha in Kwara State. Despite these concerns, the implicated politicians have publicly dismissed reports suggesting their candidacies are currently in jeopardy.