The All Progressives Congress (APC) has urged the Independent National Electoral Commission (INEC) 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, 2026, and signed by its National Chairman, Prof. Nentawe Yilwatda, and National Secretary, Ajibola Basiru, the ruling party called on INEC to enforce the Supreme Court’s September 24 judgment in INEC v. Zenith Labour Party, which addressed statutory requirements governing political parties’ membership registers.
The letter, made available to journalists on Friday, specifically asked the electoral commission to verify whether political parties submitted their digital membership registers at least 21 days before their respective primaries, congresses and conventions, and to apply the legal consequences prescribed for any breach of the law.
The APC argued that strict enforcement of the provisions was necessary to uphold the rule of law, strengthen internal democracy and ensure transparency in the selection of candidates ahead of the 2027 elections.
In the letter, the party 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 APC noted that the Supreme Court had affirmed the validity of Section 77 of the Electoral Act 2026 by setting aside the Court of Appeal’s decision nullifying subsections (5) to (7) of Section 77, subsection (2) of Section 84, and Activity Serial Number Two of INEC’s revised timetable and schedule of activities for the 2027 general elections.
According to the party, Section 77(4) requires every political party to make its membership register available to INEC no later than 21 days before the date fixed for its primaries, congresses or conventions.
It further explained that Section 77(5) restricts voting and eligibility to contest in party primaries, congresses and conventions to members whose names appear in the relevant register, while Section 77(6) prohibits political parties from using any register other than the one submitted to the commission for those purposes.
The APC also drew attention to Section 77(7), which, according to its interpretation of the Supreme Court’s judgment, carries significant consequences for parties that fail to submit their digital membership registers within the prescribed period.
“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 letter stated.
APC: Compliance Is Mandatory, Not Optional
The ruling party maintained that the Supreme Court’s interpretation left little room for political parties to treat the statutory requirements as optional administrative procedures.
It said the apex court had emphasised, particularly on pages 25 and 26 of its judgment, that the primary objective of Section 77 was to promote internal democracy through fair, transparent and verifiable party primaries, congresses and conventions.
The APC added that timely submission of membership registers, the restriction of voting and candidacy rights to duly registered members, and the exclusive use of the registers submitted to INEC were essential safeguards against irregularities in the internal electoral processes of political parties.
To reinforce its position, the party cited Section 228(a) of the 1999 Constitution, as amended, which empowers the National Assembly to enact laws prescribing guidelines and rules to ensure internal democracy within political parties, including regulations governing primaries, congresses and conventions.
It also relied on the Supreme Court’s reference to Ardo v. Nyako (2014) 10 NWLR (Pt. 1416) 591 at 620, in which the court affirmed the National Assembly’s constitutional authority to make laws regulating internal democracy within political parties.
The APC stressed that although political parties possess the authority to nominate candidates for elective offices, that authority must be exercised in accordance with the Constitution and applicable electoral laws.
It noted that aspirants seeking elective positions must emerge through legally recognised procedures, including direct or indirect primaries, as applicable under the law.
No Excuse for Missing the Deadline, Party Tells INEC
The APC further argued that the Supreme Court had affirmed that INEC provided political parties with sufficient time to comply with the requirement for submitting their digital membership registers under Section 77(4) of the Electoral Act 2026.
Consequently, the party maintained that political parties could not reasonably justify failure to meet the statutory deadline by claiming insufficient time or inadequate opportunity to comply.
It urged INEC to carry out the necessary verification and apply the relevant legal provisions uniformly, insisting that compliance should be determined by the law rather than political considerations.
The party also contended that INEC had a constitutional obligation to give effect to the Supreme Court’s judgment, particularly because the commission was a party to the proceedings.
In support of its argument, the APC invoked Section 287(1) of the 1999 Constitution, as amended, which requires the decisions of the Supreme Court to be enforced by all authorities and persons throughout the Federal Republic of Nigeria.
The APC’s appeal places renewed emphasis on compliance with electoral laws as political parties prepare for the 2027 general elections. With candidate selection expected to be a major feature of the pre-election period, the enforcement of membership register requirements could have significant implications for parties’ eligibility to participate in the polls.
Ultimately, the central issue raised by the APC is whether all political parties will satisfy the statutory conditions governing their internal electoral processes and whether INEC will enforce the applicable legal consequences consistently.
For the electoral commission, the challenge is to ensure that the Supreme Court’s judgment is implemented in accordance with the Constitution and the Electoral Act, while providing a clear and uniform basis for determining compliance by all political parties.
