By Staff Reporter
Anxiety is mounting among political parties and candidates whose nominations could be affected by the recent Supreme Court judgment on the Electoral Act, as the Independent National Electoral Commission (INEC) prepares to publish the final list of governorship and State Houses of Assembly candidates.
The electoral umpire is yet to announce how it will apply the September 24, 2026 judgment, which restored key provisions of the Electoral Act 2026 relating to political party membership registers and the nomination of candidates.
INEC is expected to meet with political parties and other stakeholders on Tuesday as part of its preparations for the 2027 general elections, amid growing uncertainty over the fate of candidates whose party primaries and nomination processes took place while an earlier Court of Appeal judgment was in force.
The Commission said it had applied for the certified true copy (CTC) of the Supreme Court judgment and was awaiting the document before taking a position on its implications.
INEC National Commissioner and Chairman of its Information and Voter Education Committee, Mohammed Kudu Haruna, said the Commission had yet to receive the certified judgment as of Sunday.
“The Commission is yet to receive the certified true copy of the Supreme Court judgment. Hopefully we will do so tomorrow (Monday). Until we do so and deliberate on it, we cannot make any pronouncement on the issue,” Haruna said.
The Commission’s Director of Voter Education and Publicity, Victoria Eta-Messi, also confirmed that the application for the CTC had been made.
She said an official position would be provided after the Commission had studied the judgment and assessed its implications.
The Supreme Court, in its September 24 ruling, set aside the July 16 judgment of the Court of Appeal and restored Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act 2026. The apex court held that the provisions were not inconsistent with the 1999 Constitution.
The restored provisions include requirements concerning political party membership registers submitted to INEC and participation in party primaries. Under Section 77, parties are required to submit their membership registers to INEC within the stipulated period, while the law restricts participation in primaries to persons whose names appear on the submitted register.
The ruling has triggered fresh concerns over the legality of some party primaries and nominations conducted while the Court of Appeal judgment remained in force.
Political parties and affected aspirants are now reviewing their membership records and nomination processes against the requirements reinstated by the Supreme Court.
However, legal analysis of the judgment indicates that it does not automatically disqualify individual candidates. Rather, questions may arise where evidence shows that a party failed to comply with the statutory requirements governing its membership register or nomination process.
INEC’s position is therefore being closely watched by parties and candidates ahead of the publication of the final list.
The Commission had earlier scheduled a national stakeholders’ engagement and World Press Conference for Tuesday, October 6, 2026, as part of preparations for the 2027 general elections.
It remains unclear whether INEC will announce its position on the Supreme Court judgment at the engagement or whether a separate decision will be issued after the Commission receives and reviews the certified copy of the judgment.
Credit: Vanguard
