The House of Representatives Committee on Electoral Matters has instructed the Independent National Electoral Commission (INEC) to disqualify any candidate whose name does not appear on their political party’s official membership register.
Bayo Balogun, the committee chairman, outlined the directive in a letter sent to the electoral commission. Citing Section 77 of the Electoral Act 2026, he urged the body to enforce the requirement across all registered political parties, pointing to a recent Supreme Court ruling as the legal basis.
The apex court restored specific Electoral Act provisions handling candidate nominations and political party registers last month.
Balogun referenced an earlier stance taken by INEC on July 26, 2026, where the commission raised concerns regarding pending legal suits and court rulings tied to the interpretation and enforcement of Section 77.
He noted that INEC’s initial caution was understandable, as the body aimed to avoid administrative actions that could be overturned by future court verdicts. However, he stated that the Supreme Court decision has since altered the legal landscape.
According to Balogun, the apex court’s ruling eliminated the surrounding legal doubts, clearing the pathway for full implementation. He urged INEC to conduct an audit of all candidates put forward by political parties for the 2027 general election to confirm their inclusion in the membership registers previously turned over to the commission under Section 77(5). He added that strict adherence to the Electoral Act would help prevent a surge of post-nomination lawsuits.
In September, a seven-judge panel of the Supreme Court favored an appeal submitted by INEC, reinstating Sections 77(5), 77(6), 77(7), and 84(2) of the Electoral Law.
Delivering the lead judgment, Justice Adamu Jauro held that the provisions previously invalidated by the Court of Appeal in July did not violate the 1999 Constitution. The Supreme Court overturned the appellate court’s decision and affirmed the judgment of the Federal High Court, which had thrown out a legal challenge brought by the Zenith Labour Party (ZLP).
Under Section 77(5) of the Electoral Act, only individuals named in the party membership register submitted to INEC at least 21 days before a primary, congress, or convention are eligible to participate.
Section 77(6) mandates that political parties use only the submitted register for their nomination exercises.
Furthermore, Section 77(7) dictates that any political party failing to submit its register within the designated timeframe is barred from fielding a candidate.
Section 84(2) requires political parties to select candidates for elective offices solely through direct primaries or consensus.
