Nigerian Senate: No Electoral Act 2026 Review Before 2027 Elections

• The Nigerian Senate has ruled out any review of the Electoral Act 2026 before the 2027 general elections.
• The Supreme Court recently restored key provisions of the Electoral Act 2026 concerning political party membership registers and candidate nomination procedures.
• Sections 77(5), (6), (7) and 84(2) of the Act, which were previously challenged by the Zenith Labour Party, are now fully enforceable.
• The National Assembly believes reopening the electoral law now would disrupt ongoing preparations for the 2027 elections.
• Any potential amendments to the Electoral Act 2026 will only be considered after the 2027 general elections are concluded.

The unwavering position of the National Assembly Nigeria regarding the 2027 electoral law means that political parties and aspirants must adhere strictly to the current provisions of the Electoral Act 2026.

The Nigerian Senate has definitively stated that it will not undertake a fresh review of the Electoral Act 2026 prior to the 2027 general elections. This position was articulated by Senator Yemi Adaramodu, who chairs the Senate Committee on Media and Public Affairs, emphasizing that the National Assembly has finalized its work on the electoral framework. Adaramodu indicated that any potential amendments or adjustments to the law would only be considered following the conclusion of the 2027 polls, thereby maintaining the current legal structure for the upcoming electoral cycle.

This firm stance from the Nigerian Senate comes despite recent judicial developments that have reignited discussions surrounding specific provisions of the Electoral Act 2026, particularly those concerning political party membership registers and candidate nomination procedures. Senator Adaramodu underscored that the legislative process for the current electoral law has been completed and duly assented, making it the established legal basis for the 2027 elections. He further cautioned against reopening the legislation at this juncture, citing the potential for significant disruption to ongoing electoral preparations by political parties.

The Senate's decision to maintain the existing electoral framework follows a significant ruling by the Supreme Court of Nigeria. The apex court issued a unanimous judgment from a seven-member panel, which effectively restored several critical provisions of the Electoral Act 2026 that had previously been nullified by the Court of Appeal. Specifically, the Supreme Court reinstated Sections 77(5), 77(6), 77(7), and 84(2) of the Act, which govern the submission and utilization of political party membership registers in Nigeria, as well as the procedures for candidate nomination.

This Supreme Court Nigeria Electoral Act ruling overturned a July decision by the Court of Appeal. The appellate court had declared these sections unconstitutional based on a suit filed by the Zenith Labour Party, which contended that the requirements unduly interfered with the internal administration of political parties. However, the Supreme Court set aside this judgment, thereby affirming the statutory authority of the Electoral Act in regulating both political party membership registers and candidate nomination procedures. The ruling also reversed the Court of Appeal's nullification of certain aspects of the Independent National Electoral Commission's (INEC) timetable for the 2027 elections.

The unwavering position of the National Assembly Nigeria regarding the 2027 electoral law means that political parties and aspirants must adhere strictly to the current provisions of the Electoral Act 2026. Senator Adaramodu highlighted that parties have already commenced using the existing law to produce candidates for various elections, including those scheduled for January and February. He posed a rhetorical question, asking whether it would be appropriate to "shift the goalpost in the middle of the game" by altering an electoral act already in use.

Consequently, the restored provisions, particularly those in sections 77 and 84 of the Electoral Act 2026, will be fully enforceable for the upcoming 2027 elections. Section 77(5), 77(6), and 77(7) mandate that only members whose names appear on the register submitted to INEC are eligible to participate in party primaries, congresses, and conventions. Furthermore, Section 84(2) explicitly outlines direct primaries and consensus as the permissible methods for political parties to nominate candidates. This clarity provides a definitive legal landscape for all stakeholders as they prepare for the polls.

Lawyers and compliance officers must advise political parties and aspirants that the Electoral Act 2026, including the Supreme Court-restored provisions on membership registers and candidate nominations, will remain unchanged for the 2027 general elections. This means strict adherence to current statutory requirements for primaries and candidate eligibility is critical, as no further legislative amendments are anticipated before the polls, impacting pre-election litigation strategies.

Source: Original reporting via The PUNCH newspaper