Nigeria Supreme Court: Affirms 21-Day Membership Register Rule for Primaries

• The Supreme Court on September 24 restored Electoral Act provisions requiring political parties to submit membership registers to INEC 21 days before primaries.
• Only members listed on the register submitted within this 21-day deadline are eligible to participate in party primaries, congresses, or conventions.
• Senior Advocate of Nigeria Oba Maduabuchi described the ruling as "perfect," affirming INEC's constitutional authority to supervise elections.
• Failure to submit the membership register within the stipulated period will result in the political party being unable to field candidates.
• The unanimous decision by a seven-member panel set aside a Court of Appeal judgment and restored a Federal High Court decision.

A political party that fails to submit its membership register to INEC within the stipulated 21-day period will be unable to present candidates for elections.

The Supreme Court of Nigeria recently delivered a landmark judgment on September 24, unequivocally affirming the Independent National Electoral Commission's (INEC) authority regarding political party membership registers. This pivotal decision reinstated crucial provisions of the Electoral Act 2026 concerning the nomination of candidates and the management of party membership lists. The apex court's unanimous ruling, delivered by a seven-member panel, effectively overturned a previous Court of Appeal judgment that had invalidated these provisions, thereby restoring the initial decision of the Federal High Court.

Central to the restored legal framework is the stringent requirement for political parties to submit their comprehensive membership registers to INEC at least 21 days before conducting any primary election, congress, or convention. This stipulation dictates that only individuals whose names are officially recorded on the register submitted within this timeframe are eligible to participate in such internal party exercises. The ruling underscores the necessity for parties to adhere strictly to the submitted list, with clear consequences outlined for any failure to comply with the specified submission deadline.

Senior Advocate of Nigeria, Oba Maduabuchi SAN, provided expert commentary on the Supreme Court's decision, describing it as "perfect." Speaking in an interview with ARISE NEWS, Maduabuchi highlighted that the judgment reinforces INEC's constitutional mandate to oversee and supervise elections across the nation. His remarks came as he discussed the far-reaching implications of the apex court's pronouncement, particularly for the integrity of the electoral process and the conduct of political party primaries in Nigeria.

The Supreme Court's affirmation of the Nigeria Supreme Court 21-day membership register rule is a critical development for political parties and aspiring candidates. This rule, now firmly entrenched, mandates that the political party primaries membership list Nigeria uses for candidate selection must be precisely the one submitted to INEC no less than three weeks prior to the primary event. Electoral Act Section 77 compliance is therefore not merely a procedural step but a fundamental prerequisite for a party's ability to field candidates in general elections.

Oba Maduabuchi SAN emphasized that this requirement does not constitute an undue intrusion into the internal affairs of political organizations. He clarified that while parties retain the autonomy to determine who their members are, the submission of these registers to INEC is essential for the commission to effectively carry out its constitutional role of organizing, undertaking, and supervising elections. According to Maduabuchi, the decision aligns perfectly with the constitutional powers vested in INEC, ensuring transparency and order in the pre-election processes.

The legal expert further explained that INEC's need for the membership registers is purely for administrative clarity, enabling the body to ascertain eligible participants in party primaries. This distinction is crucial: parties define their membership, but INEC requires this information to fulfill its supervisory duties. Maduabuchi firmly stated that any assertion of unconstitutionality regarding these provisions is misguided, as the Supreme Court's ruling simply facilitates INEC's oversight without dictating internal party membership criteria.

The immediate and most significant implication of the Supreme Court's ruling is the severe consequence for non-compliance: a political party that fails to submit its membership register to INEC within the stipulated 21-day period will be unable to present candidates for elections. This stricture, as articulated by Oba Maduabuchi SAN, underscores the imperative for all political entities to meticulously adhere to the INEC political party register deadline to avoid disqualification. The judgment, delivered by a full seven-member panel, carries substantial legal weight, making it exceptionally difficult to overturn.

Maduabuchi also addressed potential ramifications for parties or individuals who might have acted based on the now-overturned Court of Appeal decision. He noted that such actions would unfortunately be superseded by the apex court's definitive judgment, highlighting the finality and authority of the Supreme Court's pronouncement. This aspect of the ruling serves as a stark reminder of the need for continuous vigilance regarding legal developments in the electoral landscape.

Beyond compliance, the ruling also touches upon broader electoral reforms. Maduabuchi suggested that the provisions allowing for direct primaries or consensus methods for candidate selection could contribute to mitigating the pervasive influence of money in Nigerian politics. By reducing the reliance on delegates, who can be susceptible to financial inducements, these methods, when properly implemented in conjunction with the membership register rule, aim to foster a more equitable and transparent nomination process. Parties, while free to choose their candidate selection method, must now do so within the strict confines of the law, ensuring their processes are open and verifiable.

Lawyers advising political parties or aspiring candidates in Nigeria must ensure strict compliance with the Supreme Court's affirmed requirement to submit membership registers to INEC at least 21 days before primaries, as failure to do so will result in the party being unable to field candidates. This ruling clarifies the legal framework for candidate nomination and necessitates a review of internal party processes to avoid disqualification.

Source: Reporting based on legal expert commentary.