A Senior Advocate of Nigeria, Oba Maduabuchi SAN, has stated that political parties in Nigeria are required to submit their membership registers to the Independent National Electoral Commission at least 21 days before conducting primaries. This requirement is based on the Supreme Court's recent ruling on the provisions of the Electoral Act 2026. Maduabuchi described the Supreme Court's decision as "perfect" and said it affirmed INEC's constitutional authority in the conduct and supervision of elections.
The Supreme Court's ruling, delivered on September 24, restored provisions of the Electoral Act relating to political party membership registers and the nomination of candidates. The court, in a unanimous decision by a seven-member panel, set aside the Court of Appeal judgment that had voided the provisions. Under the restored provisions, only members whose names appear on a party's membership register submitted to INEC at least 21 days before a primary, congress or convention can participate in the exercise.
Maduabuchi explained that the requirement for political parties to submit their membership registers to INEC did not amount to interference in the internal affairs of political parties. He stated that political parties remained responsible for determining their membership, while INEC needed the registers to know who was eligible to participate in party primaries. According to Maduabuchi, the law only required parties to notify INEC in advance, but did not give the commission control over the parties' internal affairs.
The Senior Advocate of Nigeria also said that parties remained free to determine how their candidates would emerge, provided they complied with the law. He noted that the Supreme Court judgment could have implications for those who acted based on the earlier Court of Appeal decision. Maduabuchi emphasized that the apex court's judgment was delivered by a seven-member panel, which made it a binding decision.
Maduabuchi disagreed with concerns that the judgment undermined the autonomy of political parties. He stated that the Supreme Court's decision did not tell political parties how to determine their membership, but only required them to submit their membership registers to INEC. Maduabuchi also noted that the provisions allowing direct primaries or consensus could help reduce the influence of money in party politics.
On the 21-day requirement, Maduabuchi said it was not a new development that had caught political parties unprepared. He stated that the law was made and passed early this year, and everybody knew what the law was. Maduabuchi also rejected suggestions that the requirement would have a retroactive effect on candidates who had already conducted their primaries.
Finally, Maduabuchi declined to determine whether particular politicians, including Chinda and Peter Obi, would be affected by the ruling without access to the relevant party records. He stated that he did not know when they joined the political party or when they submitted their registers to INEC. Maduabuchi emphasized that only the relevant party records could determine the eligibility of individual politicians.
Key points
- Political parties in Nigeria must submit membership registers to INEC at least 21 days before conducting primaries.
- The Supreme Court's ruling restored provisions of the Electoral Act relating to political party membership registers and the nomination of candidates.
- The 21-day requirement for submitting membership registers did not amount to interference in the internal affairs of political parties.
