The Supreme Court's recent restoration of provisions in the Electoral Act 2026 has sparked concerns over the legitimacy of party primaries conducted ahead of the 2027 elections. In a unanimous judgment on appeal No. SC/CR/495/2026, a seven-member panel led by Justice Adamu Jauro restored Sections 77(5), 77(6), 77(7), and 84(2) of the Electoral Act. These provisions require parties to submit membership registers to the Independent National Electoral Commission (INEC) and use them for primaries.
The judgment has raised questions over the fate of primaries already conducted, particularly where candidates had defected from one party to another before securing tickets. Notable cases include former Inspector-General of Police, Mohammed Adamu, who emerged as the Social Democratic Party governorship candidate in Nasarawa State; former House of Representatives Minority Leader, Kingsley Chinda, who became the All Progressives Congress governorship candidate in Rivers State; and Senator Saliu Mustapha, who defected from the APC to the Peoples Democratic Party before picking the PDP senatorial ticket for Kwara Central.
The Supreme Court's decision reversed the July 16 judgment of the Court of Appeal, which had declared the disputed provisions unconstitutional. The apex court's decision has left INEC with a major implementation question, as it is unclear which provisions could apply to individual candidates and primaries. The provisions require parties to submit membership registers to INEC within a stipulated period and use the registers for their primaries, while Section 84(2) provides for direct primaries or consensus in the nomination of candidates.
In a related development, the PDP has fixed September 29 for a fresh governorship primary election in Gombe State, following the nullification of its May 26, 2026, primary by a Federal High Court. The court nullified the earlier primary, which produced former Minister of Communications and Digital Economy, Isa Pantami, and ordered the PDP to conduct a fresh exercise within 30 days. Pantami emerged from the earlier primary through voice affirmation after defecting from the APC to the PDP.
The PDP Public Relations Officer in Gombe State, Abdulkadir Dukku, said all eligible delegates are directed to assemble at their respective ward areas to participate in the fresh primary and vote for their preferred aspirant. The party urged its members, supporters, and well-wishers to cooperate with the arrangements for the fresh primary. Participants are expected to conduct themselves peacefully and orderly throughout the exercise and comply with the guidelines put in place.
Meanwhile, Senator Olubiyi Fadeyi, representing Osun East, has dismissed insinuations that his re-election bid has been ended by the Supreme Court judgment. Fadeyi said the process that made him the PDP candidate for the Osun Central Senatorial District in the 2027 polls adhered strictly to the Constitution and the Electoral Act. He described reports of his alleged disqualification as speculative and unfounded, stating that his candidacy remains an internal affair of the PDP.
Senior Advocates of Nigeria, Salman Jawondo and Bolaji Ayorinde, have offered their perspectives on the judgment, stating that it does not affect nominations already concluded. They noted that INEC needs a fresh court pronouncement to delist candidates whose nominations had already been completed and that any challenge would have to be brought by a person with the requisite legal standing and within the applicable timeframe.
Key points
- The Supreme Court's restoration of provisions in the Electoral Act 2026 has sparked concerns over party primaries.
- The judgment has raised questions over the legitimacy of primaries conducted ahead of the 2027 elections.
- The PDP has fixed September 29 for a fresh governorship primary election in Gombe State following the nullification of its earlier primary.
