The Independent National Electoral Commission (INEC) is considering taking action against candidates who breached certain provisions of the 2026 Electoral Act following the Supreme Court's judgment on Thursday. Although the court did not mention any candidate by name, INEC is worried about the anxiety generated by the judgment and its various interpretations. A source within INEC confirmed that the commission is contemplating imposing necessary sanctions once its legal department approves the action.

Candidates who emerged from contentious primaries believe that INEC cannot take action against them without a direct court pronouncement. However, due to time constraints, INEC may not have the luxury of waiting for further litigations before confirming candidates. The commission's official timetable requires the publication of the final list of candidates for the Presidential and National Assembly elections by September 12, and for governorship and state Assembly elections by October 10, 2026.

INEC is working towards reviewing the judgment after obtaining a Certified True Copy (CTC). National Commissioner, Information and Voter Education, Malam Mohammed Haruna, confirmed that the commission is awaiting the CTC, which usually takes about a week to obtain. He stated that once the commission receives the judgment, its legal department will review it, and a meeting of commissioners will be convened to take a position on the matter.

There are concerns that candidates who emerged late or after presenting themselves for elections on other platforms may be affected by the judgment. Some of the individuals who may be impacted include ex-IGP Mohammed Adamu, Sheik Isa Pantami, Kingsley Chinda, Shehu Buba, and Mohammed Nami. The Supreme Court's judgment has created anxiety within the commission and among political parties, with many uncertain about the fate of candidates who may fall under the category of those affected.

Section 77 of the Electoral Act states that a party must maintain a digital register of its members, containing specific details, and make it available to the commission 21 days before party primaries, congresses, or conventions. Only members whose names are in the register are eligible to vote and be voted for in party primaries, congresses, and conventions. A party that fails to submit the membership register within the stipulated time is not eligible to field a candidate for that election.

INEC is expected to take a position on the matter by next week, as it is working to obtain the CTC of the judgment. The commission is under pressure to act quickly due to the time constraints imposed by the electoral timetable. Once the commission obtains the CTC, it will review the judgment and take necessary actions, which may include moving against erring candidates.

The Supreme Court's judgment has significant implications for the upcoming elections, and INEC's actions will be closely watched by political parties and stakeholders. The commission's decision will help clarify the fate of candidates who may have breached the Electoral Act provisions. Key to the process is the commission's ability to balance its constitutional responsibilities with the need to ensure that the electoral process is fair and transparent.

Key points

  • INEC considers action against candidates who breached 2026 Electoral Act provisions
  • Commission awaits Certified True Copy of Supreme Court judgment
  • INEC to take position on matter by next week due to time constraints

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SaharaWire Newsroom
SaharaWire

Reporting for SaharaWire from the Nairobi bureau.