…Warns of 2027 election consequences

The All Progressives Congress (APC) has asked the Independent National Electoral Commission (INEC) to enforce a Supreme Court judgment on political parties’ membership registers, warning that parties that fail to comply with statutory requirements could be barred from fielding candidates in the 2027 general elections.

In a letter dated October 9, 2026, and addressed to INEC Chairman, the APC National Chairman, Prof. Nentawe Yilwatda, and National Secretary, Senator Surajudeen Ajibola Basiru, urged the commission to take immediate steps to implement the judgment delivered on September 24, 2026, in the case of INEC v. Zenith Labour Party, Suit No. SC/CV/495/2026.

The party argued that the judgment affirmed the validity of Section 77 of the Electoral Act 2026, which prescribes requirements for submitting membership registers and determining eligibility to participate in party primaries, congresses and conventions.

According to the APC, the Supreme Court set aside a Court of Appeal order that had nullified Section 77(5) to (7), Section 84(2) of the Electoral Act 2026 and Activity Serial Number Two of INEC’s revised timetable and schedule of activities for the 2027 general elections.

The ruling, the party maintained, established the mandatory nature of the statutory requirements governing membership registers and the consequences of non-compliance.

Section 77(4) of the Electoral Act 2026 requires political parties to submit their membership registers to INEC not later than 21 days before their primaries, congresses or conventions.

The APC said Section 77(5) restricts participation in those internal elections to members whose names appear in the register submitted to the commission, while Section 77(6) prohibits parties from using any alternative register for that purpose.

Citing page 24 of the judgment, the party said the Supreme Court explained that the legal effect of Section 77(7) was that a political party that failed to submit its digital membership register within the prescribed period could be precluded from fielding candidates in the general election.

It also referred to pages 25 and 26 of the judgment, where the court reportedly emphasised that the objective of the provision was to promote internal party democracy through fair, transparent and verifiable primaries, congresses and conventions.

The ruling, according to the APC, reinforced the responsibility of political parties to comply with statutory requirements for the timely submission of membership registers and the identification of eligible participants in their internal elections.

The party further cited Section 228(a) of the 1999 Constitution, as amended, which empowers the National Assembly to enact laws prescribing guidelines and rules to ensure internal democracy within political parties.

It also relied on the Supreme Court’s reference to Ardo v. Nyako (2014) 10 NWLR (Pt. 1416) 591 at 620, which addressed the National Assembly’s constitutional authority to regulate procedures for party primaries, congresses and conventions.

According to the APC, although political parties retain the power to nominate candidates for elections, the process must comply with the procedures prescribed by law and cannot be left to the discretion of party officials.

The party also cited page 34 of the judgment, where the Supreme Court reportedly observed that INEC had given political parties sufficient time to submit their digital membership registers in accordance with Section 77(4) of the Electoral Act 2026.

It argued that the observation left no justification for parties to disregard the statutory deadline.

To strengthen its demand, the APC invoked Section 287(1) of the Constitution, which provides that decisions of the Supreme Court shall be enforced throughout the federation by all authorities and persons, as well as courts subordinate to the apex court.

The party noted that INEC was a party to the litigation and had appeared as the appellant, arguing that the commission was therefore directly bound by the judgment and constitutionally obligated to give effect to it.

The APC consequently asked INEC to verify whether every political party had submitted its digital membership register within the prescribed period of not later than 21 days before the relevant primaries, congresses or conventions.

It further urged the commission to apply the statutory consequences of non-compliance under Section 77(7), including the exclusion of any political party from fielding candidates where the legal conditions for such a consequence had been established.

The ruling party also called on INEC to ensure strict compliance with Sections 77(5) and 77(6) by recognising only members whose names appear in the registers duly submitted to the commission and preventing the use of alternative registers during party primaries, congresses and conventions.

Describing compliance with Section 77 as a statutory obligation rather than a matter of discretion, the APC warned that failure to enforce the law could undermine internal party democracy, electoral transparency and the rule of law.

The party urged INEC to act expeditiously and decisively in implementing the judgment in accordance with the Electoral Act, the Constitution and the Supreme Court’s decision.

The intervention comes as political parties prepare for internal elections and candidate selection ahead of the 2027 general elections, with compliance with statutory nomination procedures likely to remain a significant issue in the electoral process.

The letter was signed by Yilwatda and Basiru on behalf of the APC.