The All Progressives Congress has asked the Independent National Electoral Commission to bar political parties that fail to comply with Section 77 of the Electoral Act 2026 from fielding candidates in the 2027 general elections.
In a letter dated October 9, signed by its National Chairman, Prof. Nentawe Yilwatda, and National Secretary, Ajibola Basiru, and made available to journalists on Friday, the APC urged INEC to enforce the Supreme Court’s September 24 judgment in INEC v Zenith Labour Party on membership register requirements.
In the letter addressed to INEC, the party urged the commission to verify whether political parties submitted their digital membership registers at least 21 days before their respective primaries, congresses and conventions, and apply the legal consequences of non-compliance.
The letter stated, “The All Progressives Congress respectfully request the Independent National Electoral Commission (hereinafter referred to as the Commission) to take immediate steps to enforce by giving effect to the judgment of the Supreme Court (attached herewith for ease of reference) delivered on 24 September 2026 in INEC v Zenith Labour Party (Suit No. SC/CV/495/2026), regarding compliance with the statutory requirements governing the submission and use of political parties’ membership registers for party primaries, congresses and conventions.
“The judgment affirmed the validity of section 77 of the Electoral Act 2026 as enacted by the National Assembly, by setting aside the order of the Court of Appeal nullifying S.77(5) to (7) and S. 84(2) of the Electoral Act 2026 and Activity Serial Number Two of the INEC Revised Timetable and Schedule and Schedule of Activities for 2027 General Election as unconstitutional.
“While 77(4) provides that ‘Each political party shall make such register available to the Commission not later than 21 days before the date fixed for the party primaries, congresses or conventions, section 77(5) specifically provides that only members whose names are contained in the register shall be eligible to vote and be voted for in party primaries, congresses and conventions.
“Furthermore, section 77(6) prohibits a political party from using any register other than the one submitted to the Commission for those purposes. The Court at page 24 of the judgment further explained that the practical legal effect of section 77(7) of the Act is that a political party that fails to submit its digital membership register within the prescribed period may be precluded from fielding candidates in the general election.”
The APC said the Supreme Court had affirmed that Section 77 of the Electoral Act 2026 makes compliance with membership register requirements mandatory, with the aim of promoting internal democracy and transparent party elections.
It also stressed that parties must submit their registers to INEC on time and allow only listed members to vote or contest in primaries, congresses and conventions.
The letter further stated, “This interpretation by the Supreme Court demonstrates the mandatory
character of the statutory requirements and the legal consequences of non-compliance by political parties. The Court was emphatic at pages 25 — 26 that the objective of section 77 is to ensure that political parties adhere to the principles of internal democracy, particularly through the fair, transparent and verifiable conduct of party primaries, congresses and conventions.
“The Supreme Court also emphasised that statutory requirements governing the timely submission of membership registers, the eligibility of members to vote and be voted for, and the exclusive use of the register submitted to INEC are integral to achieving that objective.
“In reaching this conclusion, the Supreme Court relied on section 228(a) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), which empowers the National Assembly to make laws prescribing guidelines and rules to ensure internal democracy within political parties, including laws regulating the conduct of party primaries, congresses and conventions.
“It correctly referred to and relied on Ardo v Nyako(2014) 10 NWLR (Pt.1416) 591 at 620 in which it held that – The power donated to the National Assembly in section 228 of the Constitution is to make laws which provides guidelines and rules to ensure internal democracy within political parties and this includes making laws for the conduct of party primaries, party congresses and party conventions.”
The APC said political parties had the authority to nominate candidates for elections but were required to follow legally prescribed procedures, including conducting direct or indirect primaries for aspirants seeking elective positions.
The party also said the Supreme Court had affirmed that INEC gave political parties sufficient time to submit their digital membership registers as required by Section 77(4) of the Electoral Act 2026, adding that there was no justification for missing the statutory deadline.
It argued that INEC was constitutionally bound to enforce the judgment because it was a party to the case. The APC cited Section 287(1) of the 1999 Constitution, which requires all authorities and persons.
