Electoral law: APC demands exclusion of defaulting parties from polls

The All Progressives Congress has asked the Independent National Electoral Commission to bar political parties that fail to submit their digital membership registers within the statutory timeframe from fielding candidates in the 2027 general elections.

The ruling party made the request in a letter on Friday addressed to the INEC Chairman, Prof Joash Amupitan, following the September 24, 2026 Supreme Court judgment in the suit between INEC and the Zenith Labour Party.

Signed by the APC National Chairman, Prof Nentawe Yilwatda, and the National Secretary, Senator Ajibola Basiru, the letter urged the commission to enforce the apex court’s ruling and apply the sanctions stipulated under Section 77(7) of the Electoral Act 2026 against defaulting parties.

The APC asked INEC to verify whether political parties submitted their digital membership registers at least 21 days before their scheduled primaries, congresses, or conventions.

The party also urged the electoral body to ensure that only members whose names appear in the registers submitted to INEC are permitted to vote or be voted for during internal party elections.

It stressed that political parties must not be allowed to use alternative membership registers for their internal polls.

Citing the Supreme Court judgment, the APC noted that the legal effect of Section 77(7) is that any party failing to submit its digital membership register within the prescribed period may be precluded from fielding candidates in the general election.

The party highlighted that the apex court affirmed the validity of Section 77 of the Electoral Act 2026 after setting aside the Court of Appeal judgment that nullified aspects of the law and INEC’s revised 2027 election timetable.

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“The judgment affirmed the validity of Section 77 of the Electoral Act 2026 as enacted by the National Assembly, setting aside the Court of Appeal order that nullified Sections 77(5) to (7) and 84(2) of the Electoral Act 2026, as well as Activity Serial Number Two of the INEC Revised Timetable and Schedule of Activities for the 2027 General Election.

“While Section 77(4) provides that each political party shall make its register available to the commission not later than 21 days before the date fixed for 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.

“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 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 reads in part.

The ruling party cited Section 287(1) of the 1999 Constitution (as amended), which mandates the enforcement of the Supreme Court decisions by all authorities and persons nationwide.

The APC urged INEC to “apply the statutory consequences of non-compliance in accordance with Section 77(7) of the Act and the Supreme Court decision, including the exclusion of any party from fielding candidates where the statutory conditions for that consequence have been established”.

It added that INEC, having been a party to the suit, was constitutionally bound to give effect to the judgment in the discharge of its duties.

The party noted that compliance with Section 77 is a mandatory statutory obligation, warning that a failure to enforce the legal consequences would undermine internal party democracy, electoral transparency, and the rule of law.