Supreme Court Ruling: INEC Says Party Non-Compliance in 2027 at Play – THIS UPDATE

The Independent National Electoral Commission (INEC) has clarified that the recent Supreme Court ruling reinstating key provisions of the 2026 Electoral Law does not automatically disqualify individual candidates from participating in the 2027 general elections.

Rather, the commission said the ruling primarily concerns the permissibility of political parties to participate in elections and put forward candidates where they fail to comply with statutory requirements governing membership registers and the nomination of candidates.

INEC Chairman, Professor Joash Amupitan, gave the clarification on Tuesday in Abuja at the commission’s global press conference and national stakeholders meeting to mark 100 days to 2027 general elections.

Amupitan said INEC has received the certified copy (CTC) of the Supreme Court judgment and is studying the document before determining all implications for political parties, aspirants and candidates.

The Supreme Court, in a unanimous judgment delivered on September 24, had reinstated sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act 2026 after quashing the Court of Appeal’s earlier decision which had quashed the provisions.

The ruling follows an appeal by INEC against the Court of Appeal’s decision in a legal challenge lodged by the Zenith Labor Party (ZLP).

The Supreme Court found that the contested provisions were not incompatible with the Constitution and consequently reinstated the ruling of the Federal High Court in Abuja, which had previously rejected the appeal.

What the Supreme Court ruling means

At the center of the controversy is section 77 of the Electoral Act, which sets out legal requirements for political party membership registers before primaries, conferences and conventions.

Article 77(5) provides that only members whose names appear on the membership register of a political party submitted to INEC at least 21 days before the primaries, congress or convention may participate in the exercise.

Section 77(6) requires parties to use the register of members submitted to INEC for their primaries, congresses and conventions.

More significantly, Article 77(7) provides that a political party which fails to submit its register of members within the prescribed period shall be ineligible to field a candidate for an election.

Article 84(2) instead requires political parties to nominate candidates for elective positions through direct primaries or consensus.

INEC’s latest clarification is therefore significant because the Supreme Court’s interpretation distinguishes statutory consequences 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 simply because the Supreme Court reinstated the provisions.

The particular circumstances of the party’s membership register, its submission to INEC, the timing of submission and the conduct of the relevant primary or nomination process should be examined.

Amupitan said INEC has already received complaints and requests from political parties, aspirants and members of the National Assembly seeking clarification on the effects of the ruling.

“We only received a certified copy of this ruling this morning, and it is under review,” the INEC president said.

The commission’s position comes amid growing concern in political circles about candidates whose membership or appointment circumstances may come under scrutiny following the Supreme Court’s reinstatement of the provisions.

The controversy began with a challenge by the Zenith Labor Party to the provisions of the Electoral Act 2026 relating to party member registers and the nomination of candidates.

The Federal High Court in Abuja had initially dismissed the appeal on May 5. The party subsequently appealed and the Court of Appeal subsequently quashed the impugned provisions, prompting INEC to approach the Supreme Court.

The Supreme Court subsequently upheld INEC’s appeal and reinstated the provisions.

The ruling means that political parties remain bound by the legal obligation to submit their membership registers to CENI within the prescribed deadline and to use the same register for their primaries, congresses and conferences.

The ruling has attracted particular interest because most political parties have already conducted primaries for the 2027 elections, meaning questions have arisen about how the reinstated provisions will affect nomination processes that have already taken place.

INEC is now expected to review the certified ruling together with relevant documents and circumstances before determining how the ruling should be applied to the electoral process.

Beyond the legal dispute, Amupitan assured Nigerians that the commission is strengthening its electoral management systems to ensure credible elections in 2027.

He said INEC had learned lessons from the 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 President said the commission is determined to ensure that the outcome of the elections reflects the choice of the electorate.

He also ruled out the prospect of inconclusive elections, saying better election management would help ensure the process produced clear results.

The commission said its preparations include work on the voter 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 elections for the governorship and state Houses of Assembly are scheduled for March 6.

Meanwhile, the Inspector General of Police, Olatunji Disu, has assured Nigerians that the Nigerian Police Force, in collaboration with other security agencies, have activated operational and tactical measures for the 2027 elections.

Disu, who was represented at the Abuja meeting by the AIG in charge of the Mobile Police Force, Alinyenu Idu, said security personnel would exercise legitimate authority rather than intimidate voters.

He said the goal is to create an environment where citizens can exercise their constitutional right to vote freely and without violence.

According to him, the police are already adopting strategies aimed at moderating election-related activities, identifying potential hotbeds and preventing pre-election tensions from escalating into violence.

He disclosed that clearance operations are underway in parts of Kogi, Niger, Benue and Taraba states to stabilize insecurity-hit areas and restore public confidence ahead of the polls.

The police, he said, will also secure polling units, sensitive and non-sensitive election materials, logistical movements, collection centers and places where results will be announced.

Special measures will be taken, he added, to protect vulnerable groups, including women, during the electoral process.

A full review of pre-election security operations is expected in November, followed by an end-of-year briefing on the state of preparedness of security agencies.

Also speaking at the stakeholders meeting, the Chairman of the Inter-Party Consultative 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 election officials should not side 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 trust in the electoral process.

Dantalle called on INEC to intensify engagement with political parties as preparations for the 2027 elections enter a critical phase.