The Supreme Court of Nigeria has restored Sections 77(5), 77(6), 77(7), and 84(2) of the Electoral Act 2026, which concern political parties' membership registers and the nomination of candidates. This move has triggered questions over the eligibility of some candidates whose membership or nomination processes could be subjected to the restored provisions. A seven-member panel delivered the unanimous judgment, setting aside the earlier decision of the Court of Appeal that had voided the provisions.
The Peoples Democratic Party (PDP), Allied People's Movement (APM), and Labour Party (LP) have assured that their candidates are safe, citing compliance with the relevant provisions of the Electoral Act 2026 in the conduct of their primaries and membership registration. The parties' National Publicity Secretaries, Jungudo Mohammed (PDP), Abubakar Yusuf (APM), and Ken Asogwa (LP), stated in separate interviews that they were yet to see the Certified True Copy of the judgment to understand its implications.
The National Publicity Secretary of the Nigeria Democratic Congress (NDC), Osa Director, dismissed concerns that the judgment could disqualify its presidential candidate, Peter Obi, his running mate, Rabiu Kwankwaso, and former Deputy Senate President, Ovie Omo-Agege. Director said the affected provisions should not be subjected to individual interpretations and that anyone who felt aggrieved by a candidate's eligibility should approach the court.
PDP Publicity Secretary, Mohammed, stated that the party complied with the law and provisions of the Electoral Act in conducting its primaries and registering party members. He noted that the party's National Legal Adviser did not have the Certified True Copy of the judgment as of Friday and that they would analyze it once received.
APM Publicity Secretary, Yusuf, said the opposition party was committed to upholding the law, stressing that it complied with all relevant legal provisions in its processes. He stated that the party had not seen the contents of the judgment and therefore could not speak on its implications.
Omo-Agege clarified that the Supreme Court judgment did not disqualify him from contesting the 2027 Delta Central Senatorial election. He stated that the apex court neither made an order against him nor declared him ineligible to contest, and that his name was included in the NDC membership register submitted to the Independent National Electoral Commission.
The Labour Party's National Publicity Secretary, Ken Asogwa, said his party was not affected by the Supreme Court decision, adding that all their candidates were within the required time frame. When asked about the fate of former aspirants who defected to other parties, Asogwa said such matters should be addressed by the parties that received them.
Key points
- The Supreme Court restored key provisions of the Electoral Act 2026.
- Nigerian parties insist their candidates are safe after the judgment.
- The parties are yet to see the Certified True Copy of the judgment.