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The Independent National Electoral Commission (INEC) has clarified that the recent Supreme Court judgment restoring key provisions of the Electoral Act 2026 does not automatically disqualify individual candidates from participating in the 2027 general elections.
INEC Chairman, Professor Joash Amupitan, made the clarification on Tuesday in Abuja during the Commission’s World Press Conference and National Stakeholders’ Meeting marking 100 days to the 2027 general elections.
According to the Commission, the Supreme Court judgment principally concerns the statutory obligations of political parties relating to membership registers and the nomination of candidates, rather than imposing a blanket disqualification on individual candidates.
The Supreme Court, in its September 24, 2026 judgment, restored Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act 2026 after setting aside an earlier Court of Appeal decision that had voided the provisions.
What the Supreme Court Restored
Section 77(5) provides that 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 the relevant exercise.
Section 77(6) requires political parties to use the membership register submitted to INEC for their primaries, congresses and conventions.
Section 77(7) provides that a political party that fails to submit its membership register within the prescribed period shall not be eligible to field a candidate for an election.
Section 84(2) addresses the nomination of candidates through direct primaries or consensus.
The Supreme Court held that the provisions were not inconsistent with the Constitution and consequently restored the earlier Federal High Court decision that had dismissed the constitutional challenge brought by the Zenith Labour Party.
INEC Yet to Complete Its Review
Amupitan said INEC received the Certified True Copy of the Supreme Court judgment on Tuesday and had commenced its review.
The Commission’s position is significant because questions had emerged over whether the restoration of Section 77 could automatically invalidate candidates whose party membership or nomination processes might not satisfy the statutory requirements.
INEC has now indicated that such questions cannot be answered simply by declaring all potentially affected candidates disqualified.
Rather, the relevant circumstances of each party’s membership register, its submission to INEC, the timing of the submission and the conduct of the relevant primary or nomination process would have to be considered.
The clarification comes as political parties and aspirants seek to understand the practical implications of the Supreme Court judgment ahead of the 2027 elections.
Reps Committee Wants INEC to Act
The clarification also comes against the backdrop of a demand by the House of Representatives Committee on Electoral Matters that INEC should audit candidates submitted by political parties and disqualify those whose names are not contained in the relevant party membership registers.
In a letter dated September 30, 2026, the committee chairman, Bayo Balogun, urged INEC to enforce the restored provisions of Section 77 following the Supreme Court judgment.
The committee argued that the Supreme Court’s decision had removed the uncertainty that previously surrounded enforcement of the provisions.
INEC’s latest position, however, indicates that the Supreme Court judgment itself should not be interpreted as an automatic cancellation of individual candidacies.
Potential Legal Battles Remain
While the Commission has ruled out a blanket interpretation of the judgment, the restored provisions could still generate fresh legal challenges where parties or aspirants allege that statutory requirements were not followed.
Legal practitioners have similarly distinguished between the validity of the provisions themselves and the validity of an individual candidate’s nomination.
The question in any particular case could include whether the candidate’s name appeared on the relevant party register, when the register was submitted to INEC, whether the prescribed register was used during the primary and whether other statutory requirements were satisfied.
The Supreme Court judgment therefore does not by itself determine the fate of every candidate already nominated for the 2027 elections.
Instead, it restores the legal force of provisions that place specific obligations on political parties and their internal nomination processes.
With the election now 100 days away, INEC faces the task of determining how those restored provisions will be applied to the electoral process without creating uncertainty beyond what the law requires.
The Commission said it would communicate its position after completing its review of the certified judgment.
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