INEC Reveals Next Move After Supreme Court Judgment On Electoral Act

The Independent National Electoral Commission (INEC) has clarified that the recent Supreme Court judgment regarding the Electoral Act 2026 does not automatically disqualify individual candidates from contesting the 2027 general elections.

According to the commission, the ruling primarily impacts the eligibility of political parties to field candidates where they fail to strictly comply with statutory provisions governing membership registers and nomination procedures.

INEC Chairman, Prof. Joash Amupitan, made this distinction clear during a World Press Conference on Tuesday in Abuja, addressing stakeholders on preparations for the 2027 general elections.

Amupitan confirmed that the commission officially received the Certified True Copy (CTC) of the apex court’s ruling on Tuesday morning and is currently reviewing its full legal and operational implications.

On September 24, the Supreme Court restored Sections 77(5), 77(6), 77(7), and 84(2) of the Electoral Act 2026, setting aside an earlier decision by the Court of Appeal that had voided the provisions.

The reinstated provisions strictly regulate political party membership registers and candidate nomination mechanisms:

• Section 77(5): Restricts participation in party primaries, congresses, or conventions strictly to members whose names appear on the membership register submitted to INEC at least 21 days prior to the exercise.
• Section 77(6): Mandates that political parties strictly utilize the submitted register for all primary elections and conventions.
• Section 77(7): Stipulates that any political party failing to submit its membership register within the mandated timeline forfeits the eligibility to field candidates in the election.

Interpreting these provisions, the Supreme Court distinguished between party eligibility and individual candidate qualification, ruling that Section 77 does not inherently disqualify an individual member on a personal basis. Instead, the failure of a political party to adhere to the statutory timeline results in the party itself becoming ineligible to field candidates for the affected seats.

Addressing ongoing inquiries, Amupitan acknowledged receiving multiple petitions and formal letters from political parties, aspirants, and the National Assembly regarding the enforcement of the ruling.

“We only received a certified copy of this judgment this morning, and it is being reviewed,” Amupitan explained, adding that the commission would articulate its definitive administrative position once the legal review is concluded.

The development has triggered concern across political parties and campaign organizations whose primary outcomes or register submissions may fall short of the restored statutory requirements.

Consequently, the House of Representatives Committee on Electoral Matters has urged INEC to conduct a comprehensive audit of all candidate submissions and cross-verify them against the officially submitted party membership registers.

However, legal experts and the apex court’s decision emphasize that candidate eligibility cannot be revoked en masse.

Each instance will require a case-by-case examination regarding the date of register submission, party membership compliance, and the primary election process in accordance with Section 84(2), which restricts candidate nominations strictly to direct primaries or consensus.

With the Certified True Copy now in hand, INEC’s forthcoming directives are expected to set the regulatory baseline for party primaries and candidate validation ahead of the 2027 polls.