The All Progressives Congress (APC) has requested the Independent National Electoral Commission (INEC) to bar political parties that fail to comply with Section 77 of the Electoral Act 2026 from fielding candidates in the 2027 general elections. In a letter dated October 9, signed by its National Chairman, Nentawe Yilwatda, and National Secretary, Ajibola Basiru, the APC urged INEC to enforce the Supreme Court's September 24 judgment in INEC v Zenith Labour Party on membership register requirements.

The Supreme Court judgment affirmed the validity of Section 77 of the Electoral Act 2026, which requires political parties to submit their digital membership registers at least 21 days before their respective primaries, congresses, and conventions. The court also emphasized that only members whose names are contained in the register shall be eligible to vote and be voted for in party primaries, congresses, and conventions. Furthermore, the court prohibited political parties from using any register other than the one submitted to INEC for those purposes.

The APC stressed that parties must submit their registers to INEC on time and allow only listed members to vote or contest in primaries, congresses, and conventions. The party cited Section 287(1) of the 1999 Constitution, which requires all authorities and persons to give effect to the Supreme Court's judgment. The APC also noted that INEC was constitutionally bound to enforce the judgment because it was a party to the case.

According to the APC, the Supreme Court's judgment aims to promote internal democracy and transparent party elections. The party argued that INEC gave political parties sufficient time to submit their digital membership registers as required by Section 77(4) of the Electoral Act 2026, adding that there was no justification for missing the statutory deadline. The APC urged INEC to verify whether political parties complied with the requirements and apply the legal consequences of non-compliance.

The APC's request to INEC is based on the Supreme Court's interpretation of Section 77 of the Electoral Act 2026, which makes compliance with membership register requirements mandatory. The party noted that the court's judgment demonstrates the mandatory character of the statutory requirements and the legal consequences of non-compliance by political parties. The APC also cited a previous case, Ardo v Nyako (2014), which held that the National Assembly has the power to make laws prescribing guidelines and rules to ensure internal democracy within political parties.

The APC's letter to INEC highlights the importance of enforcing the Supreme Court's judgment to ensure that political parties adhere to the principles of internal democracy. The party emphasized that the timely submission of membership registers, the eligibility of members to vote and be voted for, and the exclusive use of the register submitted to INEC are integral to achieving that objective. The APC's request to INEC is aimed at promoting transparency and fairness in the conduct of party primaries, congresses, and conventions.

The outcome of INEC's decision on the APC's request will have implications for political parties' participation in the 2027 general elections. If INEC enforces the Supreme Court's judgment, political parties that fail to comply with the membership register requirements may be barred from fielding candidates. The APC's request to INEC is a significant development in the lead-up to the 2027 general elections, and it remains to be seen how INEC will respond to the party's request.

Key points

  • The APC has urged INEC to enforce the Supreme Court's judgment on political parties' membership register requirements to promote internal democracy and transparent party elections.
  • The Supreme Court's judgment makes compliance with membership register requirements mandatory, with the aim of promoting internal democracy and transparent party elections.
  • The APC's request to INEC may have significant implications for political parties' participation in the 2027 general elections.

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SaharaWire

Reporting for SaharaWire from the Nairobi bureau.