The All Progressives Congress (APC) has requested the Independent National Electoral Commission (INEC) to enforce a Supreme Court judgment requiring strict compliance with statutory provisions on political parties' membership registers. In a letter dated October 9, 2026, the APC urged INEC to verify whether all political parties submitted their digital membership registers within the prescribed timeframe. The letter was signed by APC National Chairman, Prof. Nentawe Yilwatda, and National Secretary, Senator Surajudeen Ajibola Basiru.

The Supreme Court judgment, delivered on September 24, 2026, in INEC v. Zenith Labour Party, Suit No. SC/CV/495/2026, affirmed the validity of Section 77 of the Electoral Act 2026. The apex court set aside a Court of Appeal decision that had nullified Sections 77(5) to 77(7) and 84(2) of the Act. According to the APC, Section 77(4) requires political parties to submit their membership registers to INEC not later than 21 days before their primaries, congresses or conventions.

The APC cited Section 77(5) and Section 77(6) of the Electoral Act 2026, which restrict eligibility to vote and be voted for in party primaries, congresses and conventions to members whose names appear in the submitted register. The party also referenced the Supreme Court's interpretation of Section 77(7), which states that failure to submit the digital membership register within the stipulated period could result in a political party being barred from fielding candidates in the general election.

The APC argued that INEC is directly bound by the Supreme Court judgment because it was a party to the suit and had instituted the appeal. The party invoked Section 287(1) of the 1999 Constitution, which provides for the enforcement of Supreme Court decisions throughout the federation by all authorities, persons and courts subordinate to the apex court.

The APC requested INEC to verify compliance by all political parties, apply the consequences prescribed by law where non-compliance is established, and ensure that only members listed in duly submitted registers are recognised as eligible to participate in internal party elections. The party also urged INEC to prevent political parties from using membership registers other than those submitted to the commission.

According to the APC, compliance with Section 77 of the Electoral Act 2026 is not a matter of discretion but a statutory obligation. The party warned that allowing political parties to disregard the statutory requirements without applying the prescribed consequences would undermine internal party democracy, electoral transparency and the rule of law.

The APC urged INEC to act expeditiously in implementing the provisions of the Electoral Act and the Supreme Court judgment ahead of the 2027 general elections. The party's request aims to promote internal democracy through transparent, fair and verifiable party primaries, congresses and conventions.

Key points

  • The APC has asked INEC to enforce a Supreme Court judgment requiring strict compliance with statutory provisions on political parties' membership registers.
  • The Supreme Court judgment affirmed the validity of Section 77 of the Electoral Act 2026, which regulates political parties' membership registers.
  • The APC warned that non-compliance with the statutory requirements could undermine internal party democracy, electoral transparency and the rule of law.

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SaharaWire

Reporting for SaharaWire from the Nairobi bureau.