Abuja, Nigeria — September 30, 2026.
The Independent National Electoral Commission (INEC) is reportedly preparing to take action next week against political candidates who violated the provisions of the Electoral Act 2026.
This decision follows a landmark Supreme Court judgment delivered on Thursday, September 24, 2026. The apex court upheld INEC’s appeal and restored key provisions of the Electoral Act—specifically Sections 77 and 84(2)—governing party membership registers and candidate nominations, which had previously been voided by the Court of Appeal.
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The case began when the Zenith Labour Party (ZLP) filed a lawsuit at the Federal High Court in Abuja. The ZLP challenged the constitutionality of several strict regulations introduced in Sections 77 and 84 of the Electoral Act 2026.
The ZLP argued that these strict rules amounted to an unconstitutional interference in the internal affairs of political parties. They maintained that under Sections 221 and 222 of the 1999 Constitution, political parties should have the supreme autonomy to manage their own membership registers and decide exactly how and when they nominate their candidates without rigid statutory mandates.
The Independent National Electoral Commission (INEC) argued that the National Assembly has the legal right to enact laws ensuring transparent electoral processes. Furthermore, they maintained that because the Constitution empowers INEC to organise, undertake, and supervise all elections, demanding a finalized register 21 days early is simply a necessary administrative guideline to ensure fair and organized primaries.
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The Supreme Court of Nigeria decided to uphold an appeal filed by the Independent National Electoral Commission (INEC), validating critical enforcement provisions under the Electoral Act 2026.
The apex court overturned an earlier Court of Appeal judgment that had stripped INEC of its regulatory oversight, officially restoring Sections 77(5), 77(6), 77(7), and 84(2) of the Act.
The court ruled that candidate selection and primary processes are not merely internal party affairs, cementing INEC’s authority to regulate and sanction party activities.
The judgment restores the mandate requiring all political parties to submit a comprehensive membership register to INEC at least 21 days before any primary election.
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The court confirmed that for a candidate’s nomination to be legally valid, their name must appear on the submitted membership register.
The verdict reinstates Sections 77(5), (6), and (7) and Section 84(2) of the Electoral Act 2026, forcing political parties to comply with strict bureaucratic and chronological rules.
Parties can no longer alter their voter or membership lists at the last minute. They must submit their complete membership registers to INEC at least 21 days before any primary election.
If an aspiring candidate’s name is not found on the official register previously submitted to INEC, they are automatically disqualified from nomination, making last-minute party jumping to secure a ticket legally impossible.
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Because the judgment fully restored the legal validity of the Electoral Act 2026, an individual’s right to remain on the ballot is now entirely dependent on whether their name was included in their party’s official membership register submitted to the Independent National Electoral Commission (INEC) at least 21 days prior to the primary elections.
Candidates who utilized the July 16 Court of Appeal ruling to obtain tickets without meeting the 21-day register threshold are now in severe legal jeopardy. Since INEC is scheduled to release the final list of candidates for Governorship and State Assembly elections by October 10, 2026, the commission is actively preparing to cleanse its database and drop non-compliant candidates.
The Supreme Court ruling was the direct outcome of an appeal filed by INEC itself. Consequently, INEC views the judgment as a constitutional reaffirmation of its statutory powers to regulate political parties, establish guidelines, and enforce discipline surrounding party primaries. The apex court specifically validated that INEC’s enforcement of timelines (such as the 21-day membership register rule) is part of its mandatory constitutional job, rather than an unconstitutional interference in party affairs.
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The judgment targets individuals who switched political parties late, missed deadlines for membership registers, or secured tickets through irregular primaries.
The All Progressives Congress (APC) governorship candidate defected from the Peoples Democratic Party (PDP). Critics argue he was not on the APC’s official membership register submitted to INEC 21 days before the primary, making his candidacy a major target for legal challenges.
The former Cross River State Governor and current Peoples Redemption Party (PRP) presidential standard-bearer is also named among those whose nomination compliance will face stricter scrutiny under the restored provisions.
The former minister and current PDP governorship candidate faces double jeopardy. In addition to this ruling, a Federal High Court separately nullified his primary due to non-compliance with guidelines.
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The two dominant political parties—the All Progressives Congress (APC) and the Peoples Democratic Party (PDP)—have largely declined to issue official, sweeping national statements. Leadership from both secretariats stated they are waiting to receive and exhaustively study the Certified True Copy (CTC) of the judgment. Behind the scenes, however, party legal advisers are reportedly in a state of high anxiety, reviewing their nationwide membership logs to identify candidates who might be vulnerable to legal disqualification.
The legal dispute focuses on INEC’s impending enforcement of Sections 77 and 84 of the Electoral Act 2026, with a final candidate list deadline set for October 10, 2026. Key milestones include ongoing national and state campaigns, leading up to the presidential elections on January 16, 2027, and state elections on February 6, 2027.
By: Komolafe Barakah