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The All Progressives Congress (APC) has called on the Independent National Electoral Commission (INEC) to enforce the Supreme Court ruling on political party registers, warning that parties failing to comply with statutory requirements could be barred from fielding candidates in the 2027 general elections.
The ruling party, in a letter dated October 9 and signed by its National President, Prof. Nentawe Yilwatda, and National Secretary, Senator Surajudeen Basiru, urged INEC to verify whether all political parties have submitted their digital membership registers within the time limit prescribed by law and to apply the relevant legal consequences in case of non-compliance.
The APC said carrying out the ruling is a legal obligation and not a matter of discretion, insisting that political parties must comply with Section 77 of the Electoral Act 2026, which regulates membership registers and participation in party primaries, conferences and conventions.
It specifically called on INEC to apply the provisions of section 77(7), which, according to the party’s interpretation of the Supreme Court ruling, could prevent a political party that has not submitted its membership register within the stipulated period from fielding candidates in the general elections.
The party also urged the commission to ensure that only members whose names appear on registers submitted to it can vote or be voted for in internal party elections.
The Supreme Court issued its ruling on September 24 in INEC v. Zenith Labor Party, case no. SC/CV/495/2026.
The ruling affirmed section 77 of the Electoral Act, 2026 and overturned an earlier Court of Appeal decision declaring sections 77, paragraphs 5 to 7, and 84, paragraph 2 of the Act, as well as activity number two of INEC’s revised calendar and program of activities for the 2027 general elections, unconstitutional.
In its letter, the APC said the supreme court had clarified the mandatory nature of the statutory provisions and the consequences political parties may face if they fail to comply with them.
Citing Article 77, paragraph 4, of the electoral law, the party noted that each political party is required to make its register of members available to CENI at least 21 days before the date scheduled for primaries, congresses or conventions.
He added that Article 77(5) stipulated that only members whose names appeared in the submitted register could vote and be voted for in party primaries, congresses and conventions.
Section 77(6), the party said, prohibits political parties from using any membership register other than that submitted to INEC.
According to the APC, the Supreme Court, on page 24 of its judgment, explained that the practical legal effect of Section 77(7) was that a party which failed to submit its digital register of members within the prescribed period could be precluded from fielding candidates in the general elections.
The party argued that the Court’s interpretation strengthened the mandatory nature of the law and highlighted the consequences of non-compliance.
“The court stated on pages 25 and 26 that the purpose of Section 77 is to ensure that parties adhere to internal democracy through the fair, transparent, and verifiable conduct of primaries, conventions, and conventions,” the letter reads.
The APC further noted that the Supreme Court relied on Section 228(a) of the Constitution, which authorizes the National Assembly to make laws regulating political parties, including provisions intended to promote internal party democracy.
He also cited the Supreme Court’s previous decision in Ardo v. Nyako (2014) 10 NWLR (Pt. 1416) 591, holding that the authority of political parties to nominate candidates must be exercised in accordance with the law.
“The Court held that although the power to nominate candidates lies with the parties, the nomination procedure is not left to the whims and caprices of party officials,” the letter read.
The ruling party also drew attention to page 34 of the judgment, where the Supreme Court reportedly noted that INEC had given political parties sufficient time to submit their membership registers.
Accordingly, there was no justifiable reason for either party not to comply with the statutory deadline.
“Therefore, there is no justifiable reason for any political party to breach the deadline imposed by law,” the APC said.
The party argued that INEC, being the appellant in the case, was bound by the Supreme Court judgment and had the responsibility to ensure its implementation.
He cited Article 287(1) of the Constitution, according to which decisions of the Supreme Court must be implemented throughout the federation by all authorities and persons, as well as courts subordinate to the supreme court.
“As a political party, we insist that compliance with section 77 of the Electoral Act 2026 is not a matter of discretion but a statutory obligation the interpretation of which has been authoritatively addressed by the Supreme Court,” the party said.
The APC warned that allowing political parties to ignore statutory requirements without applying legal consequences could undermine internal party democracy, weaken electoral transparency and erode respect for the rule of law.
He therefore urged INEC to verify membership registers submitted by all political parties, ensure compliance with statutory deadlines and enforce restrictions governing participation in party primaries, congresses and conferences.
The party said the commission should also apply relevant legal consequences to any party found to have breached the provisions, including the possible exclusion of non-compliant parties from fielding candidates where required by law.
