The Independent National Electoral Commission (INEC) is set to determine the fate of candidates potentially affected by a recent Supreme Court judgment. The judgment, delivered on September 24, restored certain provisions of the Electoral Act 2026. These provisions relate to political party membership registers and the nomination of candidates. INEC will review the certified true copy of the ruling before making a decision. The commission is expected to engage with political parties and stakeholders on October 6.
The Supreme Court judgment reversed an earlier decision of the Court of Appeal, which had struck down the provisions. A seven-member panel, led by Justice Adamu Jauro, upheld INEC's appeal. The restored provisions set out requirements for membership registers and candidate nomination processes. Only members whose names are in a party's membership register submitted to INEC can participate in primaries. The law also prevents parties from using a different register during such exercises.
INEC has applied for the certified true copy of the judgment and expects to receive it before engaging with stakeholders. National Commissioner Mohammed Kudu Haruna stated that the commission cannot make a pronouncement until it receives and deliberates on the document. The Director of Voter Education and Publicity, Victoria Eta-Messi, confirmed that INEC had formally requested the document. An opinion will be offered on the import of the judgment once received.
The judgment has raised questions about the status of candidates whose parties conducted primaries while the Court of Appeal judgment was in force. Some parties operated under the understanding that the disputed provisions were no longer applicable. The Supreme Court's decision has brought renewed attention to membership registers submitted by parties before their primaries. One major issue is whether candidates produced from exercises conducted during that period will be affected.
The controversy has surfaced in different states, including Rivers State, where questions have been raised over the candidacy of APC governorship candidate Kingsley Chinda. Chinda registered with the APC on April 27, 2026, before emerging as the party's governorship candidate at its May 21 primary. The Rivers APC argues that he satisfied the 21-day requirement. Similar questions have emerged in other states involving candidates who changed parties before securing tickets.
INEC had fixed October 10 for the publication of the final list of governorship and State Assembly candidates. The final list is expected to reflect candidates who remain valid after the completion of nomination, withdrawal, substitution, and other statutory processes. The governorship and State Assembly elections are scheduled for February 6, 2027. INEC had already published the particulars of nominated candidates earlier in the electoral timetable.
The commission's decision will have significant implications for the 2027 elections. Political parties and candidates are waiting for INEC's formal interpretation before knowing what happens to their candidacies. The outcome will determine the course of the elections in various states. INEC's engagement with stakeholders on October 6 is expected to provide clarity on the commission's position.
Key points
- INEC will review the certified true copy of the Supreme Court judgment before determining the fate of affected candidates.
- The restored provisions of the Electoral Act 2026 set out requirements for membership registers and candidate nomination processes.
- The controversy has raised questions about the status of candidates whose parties conducted primaries while the Court of Appeal judgment was in force.
