House of Reps: Demand INEC Enforce Electoral Act 77(5) 2027 on Candidates

• The House of Representatives Committee on Electoral Matters has urged INEC to audit all 2027 election candidates for compliance with party membership rules.
• The committee demands disqualification for any candidate whose name is not in their party's official membership register submitted to INEC.
• This call for enforcement follows a Supreme Court judgment that affirmed the constitutionality of Section 77(5) of the Electoral Act, 2026.
• Section 77(5) mandates that only registered party members are eligible to vote or be voted for in party primaries, congresses, and conventions.
• The committee believes this proactive audit will prevent a wave of post-primary litigation challenging candidate eligibility for the 2027 elections.

The Supreme Court's definitive ruling has now removed the previous legal uncertainty, establishing a clear mandate for the electoral body to implement the provisions of Section 77(5) without further delay.

The House of Representatives Committee on Electoral Matters has formally urged the Independent National Electoral Commission (INEC) to undertake a comprehensive audit of all candidates put forward by political parties for the upcoming 2027 general elections. This directive, issued via a letter dated September 30, 2026, and signed by Committee Chairman Bayo Balogun, calls for the immediate disqualification of any candidate whose name does not appear in the official membership registers previously submitted by their respective political parties to the commission. The letter, which was made public to journalists in Abuja, specifically highlights subsections 4 to 6 of Section 77 of the Electoral Act, 2026, as the legal basis for this crucial enforcement.

The committee's decisive action stems directly from a recent Supreme Court judgment that has conclusively affirmed the validity and constitutionality of Section 77(5) of the Electoral Act. This particular provision stipulates that only individuals whose names are duly recorded in a political party's membership register are eligible to either vote or be voted for in the party's internal processes, including primaries, congresses, and conventions. The legislative body emphasized that the apex court's ruling has fundamentally altered the legal landscape, removing any ambiguity that previously hindered the full implementation of this vital electoral regulation.

Prior to the Supreme Court's definitive pronouncement, INEC had expressed reservations regarding the enforcement of Section 77(5). Committee Chairman Balogun recalled that the electoral body, in a response dated July 26, 2026, and signed by its Secretary, had cited ongoing judicial proceedings challenging the interpretation, constitutionality, and enforceability of the provision as reasons for its cautious approach. INEC had explained its position as an effort to avoid administrative actions that could be overturned by a final judicial determination.

However, the Supreme Court, as the ultimate judicial authority in constitutional and electoral disputes, has now settled the legal questions surrounding Section 77(5). Balogun underscored that the provision is no longer subject to the uncertainty that previously characterized its implementation. Consequently, the committee is now pressing INEC to proceed without delay, ensuring that Sections 77(4-6) of the Electoral Act, 2026, are fully enforced and their intended effect is realized in the oversight and administration of political parties and their electoral activities.

The House Committee's demand includes a specific request for INEC to conduct a thorough audit of all registered political parties' candidates for the 2027 elections. This process involves meticulously comparing the names of aspiring candidates against the membership registers that parties had earlier submitted to the commission. The primary objective of this exercise is to ascertain strict compliance with Section 77(5) of the Electoral Act, 2026. The committee issued a stern warning that any political party or candidate found to be in violation of this provision should face immediate disqualification.

This proactive measure is viewed by the committee as a critical 'litmus test' for both INEC and any culpable political party. Furthermore, the committee argued that an early and diligent audit would serve as a crucial safeguard against a potential surge of post-primary litigation. Such lawsuits frequently challenge the eligibility of candidates based on non-compliance with electoral laws. By enforcing `political party membership register compliance` now, the committee believes it will significantly reduce the burden on the courts, preventing a 'flood of litigation' that might otherwise arise from irregularities and non-adherence to the provisions of Section 77(4-6) by political parties and their candidates as the nation prepares for the 2027 electoral cycle.

Lawyers advising political parties or aspiring candidates for the 2027 elections must now ensure strict compliance with Section 77(5) of the Electoral Act 2026 regarding party membership registration, as the Supreme Court has settled its interpretation and INEC is mandated to audit and disqualify non-compliant candidates to prevent post-primary litigation.

Source: Original reporting via Punch Newspaper