From Victor Osula, Abuja
The Independent National Electoral Commission (INEC) has clarified that the recent Supreme Court judgment restoring key provisions of the Electoral Act 2026 does not automatically disqualify individual candidates from participating in the 2027 general elections.
Rather, the commission said the judgment principally concerns the eligibility of political parties to participate in elections and field candidates where they fail to comply with statutory requirements governing membership registers and the nomination of candidates.
INEC Chairman, Prof. Joash Amupitan, gave the clarification on Tuesday in Abuja at the commission’s World Press Conference and National Stakeholders’ Meeting to mark 100 days to the 2027 general elections.
Amupitan said INEC had received the Certified True Copy (CTC) of the Supreme Court judgment and was studying the document before determining the full implications for political parties, aspirants and candidates.
The Supreme Court, had in a unanimous judgment delivered on September 24, restored Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act 2026 after setting aside the earlier decision of the Court of Appeal which had voided the provisions.
The ruling followed an appeal by INEC against the Court of Appeal decision in a legal challenge brought by the Zenith Labour Party (ZLP).
The apex court held that the disputed provisions were not inconsistent with the Constitution and consequently restored the judgment of the Federal High Court, Abuja, which had earlier dismissed the challenge.
What The Supreme Court Ruling Means
At the centre of the controversy is Section 77 of the Electoral Act, which establishes statutory requirements for political party membership registers ahead of primaries, congresses and conventions.
Section 77(5) provides that only members whose names appear on a political 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 parties to use the membership register submitted to INEC for their primaries, congresses and conventions.
More significantly, Section 77(7) provides that a political party which fails to submit its membership register within the prescribed period shall not be eligible to field a candidate for an election.
Section 84(2), meanwhile, provides that political parties shall nominate candidates for elective positions through direct primaries or consensus.
INEC’s latest clarification is therefore significant because the Supreme Court’s interpretation distinguishes the statutory consequence for a political party from the personal qualification or disqualification of an individual candidate.
The implication is that a candidate cannot simply be declared disqualified merely because the Supreme Court restored the provisions.
The particular circumstances of the party’s membership register, its submission to INEC, the timing of the submission and the conduct of the relevant primary or nomination process would have to be examined.
Amupitan said INEC had already received complaints and enquiries from political parties, aspirants and members of the National Assembly seeking clarification on the effect of the judgment.
“We only received a certified copy of this judgment this morning, and it is being reviewed,” the INEC chairman said.
The commission’s position comes amid growing concerns in political circles over candidates whose membership or nomination circumstances could come under scrutiny following the Supreme Court’s restoration of the provisions.
The controversy began with a challenge by the Zenith Labour Party to provisions of the Electoral Act 2026 dealing with party membership registers and the nomination of candidates.
The Federal High Court in Abuja had initially dismissed the challenge on May 5. The party subsequently appealed, and the Court of Appeal later struck down the disputed provisions, prompting INEC to approach the Supreme Court.
The Supreme Court subsequently allowed INEC’s appeal and restored the provisions.
The judgment means that political parties remain bound by the statutory requirement to submit their membership registers to INEC within the prescribed period and to use the same register for their primaries, congresses and conventions.
The ruling has generated particular interest because most political parties have already conducted their primaries for the 2027 elections, meaning questions have arisen over how the restored provisions will affect nomination processes that have already taken place.
INEC is now expected to examine the certified judgment alongside the relevant records and circumstances before determining how the ruling should be applied to the electoral process.
Beyond the legal controversy, Amupitan assured Nigerians that the commission was strengthening its electoral management systems to deliver credible elections in 2027.
He said INEC had learnt lessons from recent off-cycle governorship elections, including those in Anambra, Ekiti and Osun states, and would apply the experience to the preparation and conduct of the general elections.
The chairman said the commission was determined to ensure that the outcome of the elections reflected the choice of the electorate.
He also ruled out the prospect of inconclusive elections, saying improved electoral management would help ensure that the process produces clear outcomes.
The commission has said its preparations include work on the voters’ register, candidate nominations, logistics and other measures designed to protect the integrity of the electoral process.
The 2027 presidential and National Assembly elections are scheduled for February 20, 2027, while the governorship and State Houses of Assembly elections are scheduled for March 6.
Meanwhile, the Inspector-General of Police, Olatunji Disu, assured Nigerians that the Nigeria Police Force, working with other security agencies, had activated operational and tactical measures for the 2027 elections.
Disu, who was represented at the Abuja meeting by the AIG in charge of the Police Mobile Force, Alinyenu Idu, said security personnel would exercise legitimate authority rather than intimidate voters.
He said the objective was to create an environment in which citizens could exercise their constitutional right to vote freely and without violence.
According to him, the police are already deploying strategies aimed at moderating election-related activities, identifying potential flashpoints and preventing pre-election tensions from escalating into violence.
He disclosed that clearance operations were ongoing in parts of Kogi, Niger, Benue and Taraba States to stabilise areas affected by insecurity and restore public confidence ahead of the polls.
The police, he said, would also secure polling units, sensitive and non-sensitive election materials, logistics movements, collation centres and venues where results would be announced.
Special arrangements, he added, would be put in place to protect vulnerable groups, including women, during the electoral process.
A comprehensive review of pre-election security operations is expected in November, followed by an end-of-year briefing on the readiness of security agencies.
Also speaking at the stakeholders’ meeting, the Chairman of the Inter-Party Advisory Council (IPAC), Dr Yusuf Dantalle, urged INEC officials and security agencies to maintain neutrality throughout the electoral process.
Dantalle said political parties would work within the rules but warned that electoral officers must not take sides with political parties or candidates.
He particularly appealed to security personnel to resist political pressure and uphold their constitutional oath.
He also urged journalists to investigate information before publishing it, warning that unverified claims and misinformation could undermine public confidence in the electoral process.
Dantalle called on INEC to intensify engagement with political parties as preparations for the 2027 elections enter a critical phase.
