Amid varied interpretations of the Supreme Court’s judgment on Section 77 of the Electoral Act 2026 concerning political party membership registers, the All Progressives Congress (APC) has called on the Independent National Electoral Commission (INEC) to immediately enforce the apex court’s judgment delivered in September.
The judgment in the suit, INEC v. Zenith Labour Party, reaffirmed the validity of Section 77 of the Electoral Act 2026. It underscored the statutory requirement for political parties to submit their membership registers to INEC at least 21 days before their primaries, congresses and conventions. It also provides that only members listed in the duly submitted register are eligible to vote and be voted for in these internal party processes.
Checks by Saturday Tribune revealed that INEC Chairman, Professor Joash Amupitan, disclosed at a world press briefing on Tuesday in Abuja that the commission had received a Certified True Copy of the Supreme Court’s judgment.
In a letter dated 9 October 2026, jointly signed by the APC National Chairman, Professor Nentawe Goshwe Yilwatda, and the National Secretary, Senator Surajudeen Ajibola Basiru, the party urged INEC to verify compliance by all political parties and apply the statutory consequences of any established violations without fear or favour.
The letter, addressed to Professor Amupitan, SAN, read: “The All Progressives Congress (APC) respectfully requests the Independent National Electoral Commission (hereinafter referred to as the Commission) to take immediate steps to enforce the judgment of the Supreme Court, attached for ease of reference, delivered on 24 September 2026 in INEC v. Zenith Labour Party (Suit No. SC/CV/495/2026), regarding compliance with the statutory requirements governing the submission and use of political parties’ membership registers for party primaries, congresses and conventions.
“The judgment affirmed the validity of Section 77 of the Electoral Act 2026 as enacted by the National Assembly by setting aside the order of the Court of Appeal nullifying Sections 77(5) to 77(7) and 84(2) of the Electoral Act 2026, as well as Activity Serial Number Two of INEC’s Revised Timetable and Schedule of Activities for the 2027 General Election, as unconstitutional.
“While Section 77(4) provides that ‘each political party shall make such register available to the Commission not later than 21 days before the date fixed for the party primaries, congresses or conventions’, Section 77(5) specifically provides that only members whose names are contained in the register shall be eligible to vote and be voted for in party primaries, congresses and conventions.
“Furthermore, Section 77(6) prohibits a political party from using any register other than the one submitted to the Commission for those purposes. At page 24 of the judgment, the Court further explained that the practical legal effect of Section 77(7) of the Act is that a political party that fails to submit its digital membership register within the prescribed period may be precluded from fielding candidates in the general election. This interpretation by the Supreme Court demonstrates the mandatory nature of the statutory requirements and the legal consequences of non-compliance by political parties.
“The Court was emphatic, at pages 25–26, that the objective of Section 77 is to ensure that political parties adhere to the principles of internal democracy, particularly through the fair, transparent and verifiable conduct of party primaries, congresses and conventions.
“The Supreme Court also emphasised that the statutory requirements governing the timely submission of membership registers, the eligibility of members to vote and be voted for, and the exclusive use of the register submitted to INEC are integral to achieving that objective.
“In reaching this conclusion, the Supreme Court relied on Section 228(a) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), which empowers the National Assembly to make laws prescribing guidelines and rules to ensure internal democracy within political parties, including laws regulating the conduct of party primaries, congresses and conventions.
“It correctly referred to and relied on Ardo v. Nyako (2014) 10 NWLR (Pt. 1416) 591 at 620, in which it held that the power conferred on the National Assembly by Section 228 of the Constitution is to make laws providing guidelines and rules to ensure internal democracy within political parties. This includes making laws for the conduct of party primaries, congresses and conventions.
“The power to nominate candidates for election still resides with political parties, but the procedure for nomination is not left to the whims and caprices of party officials. The parties must hold either direct or indirect primaries for aspirants to all elective positions.
“Significantly, at page 34 of the judgment, the Supreme Court observed that political parties had been afforded sufficient time by the Commission, in accordance with Section 77(4) of the Electoral Act 2026, to submit their digital membership registers.
“Therefore, there is no justifiable reason for any political party to breach the deadline imposed by law. The constitutional basis for enforcement is further established by Section 287(1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), which provides that:
“‘The decisions of the Supreme Court shall be enforced in any part of the Federation by all authorities and persons, and by courts with subordinate jurisdiction to that of the Supreme Court.’
“It is very important to emphasise that the Commission was a party to the suit—in fact, the appellant—and is therefore directly bound by and affected by the Supreme Court’s judgment. Accordingly, INEC is under a constitutional obligation, pursuant to Section 287(1) of the 1999 Constitution, to give effect to the judgment in the discharge of its statutory responsibilities as the constitutionally established electoral management body.
“In the circumstances, the All Progressives Congress respectfully requests the Commission to:
“(i) Immediately enforce the judgment of the Supreme Court in INEC v. Zenith Labour Party, Suit No. SC/CV/495/2026, delivered on 24 September 2026, in accordance with its terms and legal effect.
“(ii) Verify compliance with Section 77(4) of the Electoral Act 2026 by determining whether each political party submitted its digital membership register within the statutory period of not later than 21 days before the relevant primary election, congress or convention.
“(iii) Apply the statutory consequences of non-compliance in accordance with Section 77(7) of the Act and the Supreme Court’s decision, including the exclusion of any party from fielding candidates where the statutory conditions for that consequence have been established.
“(iv) Ensure strict adherence to Sections 77(5) and 77(6) by requiring that only members whose names appear in the register duly submitted to the Commission are recognised as eligible to vote and be voted for in the relevant internal party election, and that no alternative register is used in place of the register submitted to INEC.
“As a political party, we insist that compliance with Section 77 of the Electoral Act 2026 is not a matter of discretion but a statutory obligation whose interpretation has been authoritatively addressed by the Supreme Court. Allowing political parties to disregard the prescribed statutory requirements without applying the consequences stipulated by law would undermine the objectives of internal party democracy, electoral transparency and the rule of law.
“We therefore urge the Commission to act expeditiously and decisively, in strict conformity with the provisions of the Electoral Act 2026, the Constitution of the Federal Republic of Nigeria 1999 (as amended), and the judgment of the Supreme Court, which must be enforced in any part of the Federation by all authorities and persons, to ensure that the statutory regime governing party membership registers is effectively implemented.
“Please accept the assurances of our highest regards.”
