A recent Supreme Court ruling has thrown Nigerian political parties into panic, as the apex court overturned an Appeal Court judgment on party membership and candidate nomination for the 2027 general election. The Supreme Court's decision, read by Justice Adamu Jauro, set aside the Appeal Court judgment, restoring INEC's powers under sections 77 and 84 of the Electoral Act 2026. This ruling has significant implications for political parties and candidates.
The Appeal Court, led by Justice Balkisu Bello Aliu, had on July 16 declared sections 77(5), 77(6), 77(7), and 84(2) of the Electoral Act 2026 unconstitutional. However, the Supreme Court disagreed, holding that the Electoral Act is not in conflict with the Constitution and that INEC's powers under these sections are valid. The Supreme Court's decision has restored INEC's authority to enforce strict rules on party membership and candidate nomination.
The restored sections of the Electoral Act 2026 impose strict requirements on political parties. Section 77(5) requires parties to submit a membership register to INEC at least 21 days before a primary, congress, or convention. Section 77(6) states that parties cannot use any register other than the one submitted to INEC for their primaries, congresses, and conventions. Section 77(7) provides that parties that fail to submit their register within the stipulated period cannot field a candidate.
The Supreme Court ruling has significant implications for several prominent politicians. Former Deputy President of the Senate, Ovie Omo-Agege, who defected to the Nigeria Democratic Congress (NDC) after losing his aspiration on the platform of the All Progressives Congress (APC), is among those feared to be affected. Other prominent politicians, including former Cross River governor Donald Duke and former Inspector-General of Police Abubakar Adamu, may also be impacted by the ruling.
Courts have begun applying the Supreme Court ruling, with several cases already being heard. In Gombe, a Federal High Court on September 30 nullified the APC primary for Balanga/Billiri Federal Constituency, citing non-compliance with Section 77. In Lagos, a court adjourned to October 6 a suit by Naheem Balogun challenging the emergence of Funso Doherty as governorship candidate.
Legal experts have divergent views on the implications of the Supreme Court ruling. Dr. Liborous Oshioma, a constitutional lawyer, said the ruling has indirectly disqualified several candidates who relied on the Appeal Court judgment. However, Senior Advocate of Nigeria, Dr. Monday Ubani, argued that the matter is not straightforward and that the Supreme Court did not make a blanket order disqualifying candidates.
The Supreme Court ruling has sparked panic in Nigerian political parties, with many candidates and parties scrambling to ensure compliance with the restored sections of the Electoral Act 2026. INEC is expected to act soon, and parties are advised to ensure that their membership registers are in order to avoid disqualification.
Key points
- The Supreme Court ruling restored INEC's powers to enforce strict party membership and candidate nomination rules.
- The ruling has significant implications for several prominent politicians who defected to other parties or emerged as candidates under the Appeal Court judgment.
- Legal experts have divergent views on the implications of the Supreme Court ruling, with some arguing that it has indirectly disqualified several candidates.
