Supreme Court Ruling Electoral Act 2026 Section 77(7): APC Demands INEC Enforcement

• The All Progressives Congress (APC) has urged INEC to disqualify political parties that fail to submit digital membership registers for the 2027 general elections.
• This demand follows a September 24, 2026, Supreme Court judgment in the case of INEC v Zenith Labour Party.
• The Supreme Court affirmed Section 77 of the Electoral Act 2026, which mandates timely submission of registers and prohibits alternative lists for internal party elections.
• Non-compliance with Section 77(7) of the Electoral Act 2026 can lead to a party being precluded from fielding candidates in general elections.
• The APC cited Section 287(1) of the 1999 Constitution, emphasizing INEC's constitutional duty to enforce the Supreme Court's decision.

The court's interpretation elucidated that the practical legal consequence of Section 77(7) is that any political party failing to submit its digital membership register within the prescribed timeframe faces the potential preclusion from fielding candidates in the upcoming general elections.

The All Progressives Congress (APC) has formally requested the Independent National Electoral Commission (INEC) to disqualify political parties that fail to adhere to statutory requirements for submitting their digital membership registers. This demand, articulated in a letter dispatched on Friday to INEC Chairman Professor Joash Amupitan, specifically targets the 2027 general elections, urging that non-compliant parties be barred from presenting candidates.

The ruling party's appeal follows a significant Supreme Court judgment delivered on September 24, 2026, in the case involving INEC and the Zenith Labour Party. Signed by APC National Chairman Professor Nentawe Yilwatda and National Secretary Senator Ajibola Basiru, the correspondence pressed the electoral body to uphold the apex court's decision and impose the penalties outlined in Section 77(7) of the Electoral Act 2026 against any defaulting political organizations.

The APC's letter further specified that INEC should meticulously verify whether political parties submitted their digital membership registers at least 21 days prior to their scheduled primaries, congresses, or conventions. It also emphasized that only individuals whose names are officially recorded in the registers provided to INEC should be eligible to participate as voters or candidates in internal party electoral processes, explicitly prohibiting the use of any alternative membership lists for these purposes.

The Supreme Court's recent pronouncement has critical ramifications for electoral compliance, particularly regarding Section 77 of the Electoral Act 2026. In its September 24, 2026, judgment concerning INEC v Zenith Labour Party, the apex court unequivocally affirmed the validity of Section 77 of the Electoral Act 2026, as originally enacted by the National Assembly. This ruling effectively overturned a previous Court of Appeal decision that had nullified several key provisions of the law, specifically Sections 77(5) through (7) and Section 84(2), alongside Activity Serial Number Two of INEC’s revised timetable for the 2027 General Election.

The Supreme Court's clarification underscored the mandatory nature of these provisions. Section 77(4) stipulates that every political party must furnish its membership register to the commission no less than 21 days before the date designated for any party primary, congress, or convention. Building on this, Section 77(5) expressly limits eligibility to vote or be voted for in such internal elections to only those members whose names are contained within the submitted register.

Furthermore, Section 77(6) explicitly forbids political parties from utilizing any membership register other than the one officially submitted to INEC for the stated purposes. The court's interpretation elucidated that the practical legal consequence of Section 77(7) is that any political party failing to submit its digital membership register within the prescribed timeframe faces the potential preclusion from fielding candidates in the upcoming general elections.

The APC's insistence on strict enforcement highlights the profound implications of the Supreme Court ruling Electoral Act 2026 Section 77(7) for the integrity of the 2027 electoral cycle. The party cited Section 287(1) of the 1999 Constitution, as amended, which unequivocally mandates all authorities and individuals across Nigeria to enforce decisions rendered by the Supreme Court. Given that INEC was a direct party to the INEC v Zenith Labour Party judgment, the APC argued that the commission is constitutionally obligated to implement the judgment in the execution of its duties.

The ruling party specifically urged INEC to apply the statutory consequences of non-compliance, as stipulated by Section 77(7) of the Electoral Act and reinforced by the Supreme Court's decision. This includes the potential exclusion of any party from presenting candidates if the conditions for such a penalty are met. The APC underscored that adherence to Nigeria political party membership register compliance is not merely optional but a mandatory statutory obligation.

Failure by INEC to enforce these legal consequences, the APC warned, would severely compromise internal party democracy, diminish electoral transparency, and ultimately undermine the rule of law within the nation's political landscape. The clarity provided by the Supreme Court now places a firm legal framework around party membership registration, with significant repercussions for participation in future elections, emphasizing the importance of Electoral Act 2026 Section 77(7) enforcement and the APC demand INEC 2027 election disqualification, backed by Section 287(1) 1999 Constitution enforcement.

Lawyers advising political parties or candidates must immediately review their clients' compliance with Section 77(7) of the Electoral Act 2026, particularly regarding the timely submission of digital membership registers to INEC, as the Supreme Court has affirmed that non-compliance is a clear ground for exclusion from the 2027 general elections.

Source: Original reporting based on Punch newspaper coverage