The House of Representatives Committee on electoral matters has directed the Independent National Electoral Commission (INEC) to disqualify candidates whose names are not contained in their parties’ registers.
In a letter to the electoral umpire, Bayo Balogun, chairman
of the committee, cited section 77 of the Electoral Act 2026, and urged the
commission to enforce the provision across all registered political parties in
line with a recent supreme court judgment.
Last month, the apex court restored certain provisions of
the Electoral Act governing political party membership registers and candidate
nominations.
Balogun referred to an earlier position by INEC, dated July
26, 2026, in which the commission expressed concerns over judicial
pronouncements and pending cases concerning the interpretation and
enforceability of section 77 of the electoral law.
Balogun said INEC’s position at the time was understandable,
as the commission sought to avoid taking administrative steps that could later
be affected by a final court ruling.
The committee chairman said the legal position has now
changed following the supreme court judgment.
He said the supreme court’s verdict has removed the
uncertainty surrounding the provision and paved the way for its implementation.
Balogun urged INEC to audit the candidates fielded by all
political parties for the 2027 general election and verify that their names are
contained in the party registers previously submitted to the commission, as
required by section 77(5).
He said enforcing the provisions of the Electoral Act would
prevent a flood of court cases arising from non-compliance.
THE SUPREME COURT RULING
In September, a seven-member panel of the supreme court
upheld an appeal filed by INEC and restored sections 77(5), 77(6), 77(7) and
84(2) of the Electoral Act.
The supreme court, in its lead judgment delivered by Adamu
Jauro, held that the provisions voided by the appeal court in July are not
inconsistent with the 1999 constitution.
The apex court set aside the appellant court’s verdict and
restored the federal high court’s ruling, which had dismissed the suit filed by
the Zenith Labour Party (ZLP) challenging the provisions.
Section 77(5) of the Electoral Act provides that only
members whose names are contained in a political party’s membership register,
submitted to INEC at least 21 days before a primary, congress, or convention,
can participate in the exercise.
Section 77(6) states that a party cannot use any membership
register other than the one submitted to the electoral commission for its
primaries, congresses, and conventions.
Under section 77(7), a party that fails to submit its
membership register within the stipulated period cannot field a candidate for
the election.
Section 84(2) stipulates that political parties shall
nominate candidates for elective positions through direct primaries or
consensus.
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