By Nathaniel Irobi
The All Progressives Congress has asked the Independent National Electoral Commission to bar political parties that failed to comply with Section 77 of the Electoral Act 2026 from fielding candidates in the 2027 general elections.
In a letter dated October 9, 2026, and addressed to the Chairman of INEC, the APC urged the Commission to give immediate effect to the Supreme Court’s judgment of September 24, 2026, in INEC v Zenith Labour Party (Suit No. SC/CV/495/2026).
The letter was signed by the APC National Chairman, Prof. Nentawe Yilwatda, and the National Secretary, Ajibola Basiru. A copy was made available to journalists in Abuja on Friday.
The APC is asking INEC to verify whether every political party submitted its digital membership register to the Commission at least 21 days before its primaries, congresses or conventions, as required by Section 77(4) of the Electoral Act 2026.
Where a party failed to do so, the APC wants INEC to apply the consequence set out in Section 77(7) of the Act, which provides that such a party may be precluded from fielding candidates in the general election.
The APC said this was the clear legal effect of the Supreme Court’s judgment, which restored Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act 2026 after the Court of Appeal had declared them unconstitutional in July 2026.
The Provisions at Stake
Section 77(5) provides that only members whose names are contained in the register submitted to INEC are eligible to vote and be voted for in party primaries, congresses and conventions.
Section 77(6) prohibits a political party from using any register other than the one submitted to the Commission for those purposes.
Section 77(7) provides that a political party which fails to submit its digital membership register within the prescribed period may be precluded from fielding candidates in the general election.
The APC’s letter noted that the Supreme Court explained this consequence at page 24 of the judgment.
The APC stated that the Supreme Court relied on Section 228(a) of the 1999 Constitution, which empowers the National Assembly to make laws prescribing guidelines and rules to ensure internal democracy within political parties.
The party also cited Ardo v Nyako (2014) 10 NWLR (Pt. 1416) 591 at 620, where the Supreme Court held that the power donated to the National Assembly under Section 228 includes making laws for the conduct of party primaries, congresses and conventions.
The APC further submitted that INEC is constitutionally bound to enforce the judgment because it was a party to the case. It cited Section 287(1) of the 1999 Constitution, which provides that decisions of the Supreme Court shall be enforced in any part of the Federation by all authorities and persons.
The APC argued that the Supreme Court affirmed that INEC gave political parties sufficient time to submit their digital membership registers as required by Section 77(4).
The party said there was therefore no justification for any party to miss the statutory deadline.
The APC’s letter does not name any political party. But it comes amid an ongoing controversy over the membership register of the Peoples Democratic Party in Ogun State.
Questions have been raised about whether the names of the PDP’s nominated candidates in Ogun State appeared on the register submitted to INEC by the statutory deadline of May 10, 2026.
The PDP has denied any breach, stating that it complied with all statutory requirements and that the names of its candidates were on the register it submitted.
INEC has not yet responded formally to the APC’s letter. The Commission had earlier confirmed receipt of the Certified True Copy of the Supreme Court judgment on October 5, 2026, and said it was reviewing the judgment before making a final pronouncement.
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