“Enforce The Supreme Court Judgment” —“Use Only The Register Submitted To INEC” — APC Demands Compliance With Supreme Court Verdict Ahead Of 2027

The All Progressives Congress has asked the Independent National Electoral Commission to enforce the Supreme Court’s judgment on political parties’ membership registers, including applying the legal consequences that could prevent defaulting parties from fielding candidates in the 2027 general elections.

In a letter dated October 9, 2026, signed by its National Chairman, Prof. Nentawe Yilwatda, and National Secretary, Senator Surajudeen Ajibola Basiru, the APC urged the commission to verify whether political parties submitted their digital membership registers within the statutory period before conducting primaries, congresses and conventions.

The party anchored its demand on the Supreme Court’s September 24 judgment in Independent National Electoral Commission v Zenith Labour Party, Appeal No. SC/CV/495/2026, which concerned the validity of provisions regulating party membership registers and candidate nomination.

“The All Progressives Congress respectfully request the Independent National Electoral Commission (hereinafter referred to as the Commission) to take immediate steps to enforce by giving effect to the judgment of the Supreme Court (attached herewith 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 letter stated.

According to the APC, the judgment restored Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act 2026, alongside Activity Serial Number Two of INEC’s revised timetable and schedule of activities for the 2027 general elections, after the Court of Appeal had declared the provisions unconstitutional.

The party said the decision affirmed the mandatory nature of the rules governing the submission of membership registers, the eligibility of members to participate in internal elections and the register parties must use for those exercises.

It drew attention to Section 77(4), which requires political parties to make their membership registers available to INEC not later than 21 days before the dates fixed for their primaries, congresses or conventions.

The APC further stated that Section 77(5) limits eligibility to vote and be voted for in those exercises to members whose names appear in the submitted register, while Section 77(6) prohibits parties from using a different register.

“Furthermore, section 77(6) prohibits a political party from using any register other than the one submitted to the Commission for those purposes. The Court at page 24 of the judgment 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,” the letter stated.

The distinction between a party’s eligibility to field candidates and an individual’s personal qualification is central to the judgment. TheNigeriaLawyer’s earlier report on the judgment explained that the consequence under Section 77 is directed at the defaulting political party, rather than constituting an additional ground for the personal disqualification of an individual member. TheNigeriaLawyer

In its letter, the APC argued that the membership register requirements were designed to make party elections fair, transparent and verifiable, rather than leave participation and candidate selection to the discretion of party officials.

“This interpretation by the Supreme Court demonstrates the mandatory character 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,” it stated.

The party said the Supreme Court relied on Section 228(a) of the 1999 Constitution, as amended, which empowers the National Assembly to prescribe guidelines and rules for internal democracy within political parties, including the conduct of primaries, congresses and conventions.

It also cited Ardo v Nyako (2014) 10 NWLR (Pt. 1416) 591 at 620, arguing that although political parties possess the power to nominate candidates, they must exercise that power within the procedures prescribed by law.

The APC maintained that timely submission of registers, participation by eligible registered members and exclusive use of the register submitted to INEC were integral to achieving the objectives of the legislation.

It further argued that the Supreme Court had acknowledged that INEC gave political parties sufficient time to submit their digital membership registers, leaving no justification for failure to meet the statutory deadline.

The party also contended that INEC, as a party to the proceedings, was bound to give effect to the judgment. It invoked Section 287(1) of the Constitution on the enforcement of Supreme Court decisions by authorities, persons and courts exercising subordinate jurisdiction.

Beyond checking submission dates, the APC asked the commission to ensure that participation in party primaries, congresses and conventions is restricted to members on the registers submitted to it.

“Compliance with section 77 of the Electoral Act 2026 is not a matter of discretion but a statutory obligation,” the party said.

The demand comes after INEC Chairman, Prof. Joash Amupitan, disclosed on October 6 that the commission had received the Certified True Copy of the judgment and was reviewing it.

Amupitan said political parties, aspirants and the National Assembly had drawn the commission’s attention to the decision and its implications for the electoral process.

“We only received a certified copy of this judgment this morning, and it is being reviewed,” he said at the commission’s world press conference in Abuja.

The APC’s letter seeks enforcement against parties found to have breached the requirements. It does not itself establish that INEC has barred any particular party from participating in the 2027 elections.

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