The Supreme Court's September 28 ruling has thrown Nigeria's political parties into disarray, as they grapple with the implications of the decision. The court nullified an Appeal Court judgment that had previously struck down certain sections of the Electoral Act 2026. These sections relate to the validity of political party membership and the role of direct primary and consensus in determining candidates for the 2027 general election.
The Independent National Electoral Commission (INEC) had approached the Supreme Court after the Appeal Court's July 16 ruling. The Appeal Court had declared sections 77(5), (6), (7), and 84(2) of the Electoral Act unconstitutional. However, the Supreme Court, in a unanimous decision, set aside the Appeal Court's judgment, restoring INEC's power in alignment with the sections in the Act.
The Supreme Court's ruling has significant implications for political parties and candidates. Section 77(5) of the Electoral Act 2026 states that only members whose names are contained in a political party's membership register, submitted to INEC at least 21 days before a primary, congress, or convention, can participate in the exercise. This means that parties must ensure their membership registers are up-to-date and submitted to INEC within the stipulated timeframe.
Several prominent candidates are believed to be affected by the new law, including former Deputy President of the Senate, Mr Ovie Omo-Agege, and former Cross Rivers State governor, Donald Duke. These individuals had defected from their original parties after losing their slots, and their eligibility to contest in the 2027 election is now uncertain.
The Supreme Court's ruling has also sparked a flurry of litigations, as aggrieved aspirants and litigants seek judicial redress. In Gombe, a Federal High Court nullified the All Progressives Congress (APC) primary election held on May 16, citing non-compliance with Section 77 of the Electoral Act. The court's decision has significant implications for the APC and other parties that may have conducted primaries without adhering to the Electoral Act.
INEC has stated that it will act after receiving and studying the Certified True Copy (CTC) of the Supreme Court ruling. The Commission is expected to assert its authority and ensure strict compliance with the new and final judgment. This may lead to further disqualifications and changes in the lineup of candidates for the 2027 general election.
The Supreme Court's ruling has created uncertainty and tension among political parties and candidates. As the 2027 general election approaches, parties must ensure they comply with the Electoral Act and INEC's regulations to avoid disqualification. The ruling has also highlighted the need for parties to maintain accurate and up-to-date membership registers.
Key points
- The Supreme Court's ruling restores INEC's power to enforce certain sections of the Electoral Act 2026.
- The ruling affects candidates who defected from their original parties after losing their slots.
- The decision has sparked a flurry of litigations and may lead to further disqualifications and changes in the lineup of candidates.
