The Independent National Electoral Commission (INEC) has yet to announce how the recent Supreme Court judgment on the Electoral Act 2026 will affect some candidates ahead of the 2027 elections.
The development has created uncertainty among political parties and candidates whose nomination processes could come under scrutiny following the apex court’s decision.
The Supreme Court had on September 24 restored key provisions of the Electoral Act 2026 relating to political party membership registers and the nomination of candidates.
The affected provisions, Sections 77(5), 77(6), 77(7) and 84(2), require political parties to use the membership register submitted to INEC within the stipulated period for their primaries, congresses and conventions. The law also provides for direct primaries or consensus as methods of nominating candidates.
However, the judgment did not automatically disqualify candidates who may be affected by the provisions. Rather, individual nominations could face legal challenges if evidence shows that the relevant membership or nomination requirements were not followed.
INEC National Commissioner and Chairman of its Information and Voter Education Committee, Mohammed Kudu Haruna, said the commission had applied for the certified true copy of the Supreme Court judgment before taking a position on its implications.
The commission is expected to engage political parties and other stakeholders on Tuesday, October 6, as it reviews the judgment and its possible impact on the electoral process.
The issue has become particularly important because several political parties conducted their primaries while an earlier Court of Appeal judgment had declared the disputed provisions unconstitutional.
The Supreme Court’s decision has therefore raised questions about candidates whose membership status, party registers or nomination processes may not align with the provisions that have now been restored.
INEC is expected to clarify its position before publishing the final list of governorship and State House of Assembly candidates on October 10.
Until the commission completes its review, affected political parties and candidates remain uncertain about whether any nominations could be challenged or subjected to further scrutiny.
