TD The Independent National Electoral Commission (INEC) has warned political parties that fail to comply with statutory requirements on membership registers that they will not be allowed to field candidates in the 2027 general elections.
The warning follows the Supreme Court’s September 24, 2026 judgment which upheld key provisions of the Electoral Act 2026 governing party membership registers and the nomination of candidates.
The ruling restored Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act after the Court of Appeal had earlier declared the provisions unconstitutional.
Supreme Court Upholds Electoral Act Provisions
The Supreme Court, in a unanimous judgment, upheld INEC’s appeal against the Court of Appeal decision and restored the disputed provisions.
The judgment followed a legal challenge instituted by the Zenith Labour Party over provisions relating to political party membership registers and candidate nomination procedures.
Under Section 77(5), 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.
Section 77(6) requires political parties to use the membership register submitted to INEC when conducting their primaries, congresses and conventions.
More significantly, Section 77(7) provides that a political party that fails to submit its membership register within the stipulated period will not be eligible to field candidates in an election.
INEC Receives Certified Supreme Court Judgment
INEC Chairman, Professor Joash Amupitan, disclosed that the commission received the Certified True Copy of the Supreme Court judgment on October 6.
Amupitan said the commission had received complaints from political parties, aspirants and the National Assembly concerning the implications of the judgment.
He said INEC was reviewing the certified judgment to determine its full implications for the electoral process and political parties ahead of the 2027 elections.
Parties, Not Individual Candidates, Face the Immediate Consequence
The Supreme Court’s interpretation is important because the judgment does not amount to a personal disqualification of individual members of a political party.
Rather, the consequence under Section 77(7) is directed at the political party’s eligibility to field candidates.
The court distinguished between an individual candidate being constitutionally or legally disqualified and a political party being prevented from presenting its members as candidates because the party failed to meet statutory requirements.
Therefore, where a party fails to submit its membership register within the prescribed period, its members may be prevented from being presented as candidates by that party.
The restriction arises from the party’s failure to comply with the electoral process and does not, by itself, amount to a finding that every affected individual is personally unqualified to contest an election.
Implications for the 2027 Elections
The Supreme Court ruling places greater emphasis on political parties’ compliance with INEC’s requirements as preparations for the 2027 general elections intensify.
Political parties are expected to ensure that their membership registers are properly compiled, submitted within the required timeframe and used during their internal electoral processes.
The ruling also strengthens INEC’s position in enforcing the statutory requirements governing party primaries, congresses and conventions.
Parties that disregard the requirements could therefore face serious consequences, including losing the ability to field candidates in the 2027 elections.
The development is expected to heighten compliance efforts among political parties as they prepare for the nomination of candidates and other electoral activities leading to the 2027 polls.
