The Independent National Electoral Commission (INEC) has received the Certified True Copy of the Supreme Court judgment restoring key provisions of Nigeria’s Electoral Act 2026.
INEC Chairman, Professor Joash Amupitan, disclosed this during the commission’s World Press Conference and National Stakeholders Meeting in Abuja. He said the certified judgment was received on Tuesday and is currently being reviewed by the commission.
The Supreme Court judgment concerns Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act 2026. These sections deal mainly with political party membership registers and the process through which political parties nominate candidates for elections.
The Supreme Court, in a unanimous decision delivered on September 24, 2026, restored the provisions after they had earlier been declared invalid by the Court of Appeal.
Under Section 77(5), only members whose names appear on a political party’s membership register submitted to INEC at least 21 days before a primary, congress or convention can participate in that exercise.
Section 77(6) requires political parties to use the membership register submitted to INEC when conducting their primaries, congresses and conventions.
Section 77(7) provides that a political party that fails to submit its membership register within the required period cannot field a candidate in an election.
Another important provision is Section 84(2), which states that political parties shall nominate candidates for elective positions through direct primaries or consensus.
The Supreme Court held that the provisions were not inconsistent with the 1999 Constitution. The judgment therefore overturned the earlier Court of Appeal decision that had struck down the provisions.
INEC’s receipt of the certified judgment comes as political parties and aspirants continue preparations for the 2027 general elections.
According to the commission, it has received complaints and concerns from political parties, aspirants and members of the National Assembly following the Supreme Court decision. INEC said it will study the judgment carefully before determining how it will affect the electoral process.
The ruling has attracted attention because some political parties and candidates may need to demonstrate that their membership records and nomination processes complied with the restored provisions.
However, the judgment does not automatically disqualify candidates. Any challenge to a particular candidate would depend on the facts and records surrounding that candidate’s party membership and nomination process.
The development is particularly significant because political parties are already preparing for the 2027 elections. INEC’s electoral timetable includes various stages involving party membership registers, candidate nomination and other election-related activities.
The commission has therefore begun examining the Supreme Court’s decision to understand its practical implications and ensure that political parties operate within the requirements of the law.
The Supreme Court’s decision also settles, at the highest judicial level, the dispute over the constitutionality of the four provisions. Political parties will now be expected to comply with the requirements as the country moves closer to the 2027 general elections.
INEC said further decisions on how the judgment will be implemented will follow after its legal and administrative review.
