Politics

APC urges INEC to enforce S’Court judgment on party membership registers

By Chesa Chesa

The All Progressives Congress (APC) has asked the Independent National Electoral Commission (INEC) to enforce a Supreme Court judgment requiring strict compliance with statutory provisions on political parties’ membership registers ahead of the 2027 general elections.

The party, in a letter dated October 9, 2026, addressed to INEC Chairman, Prof. Joash Amupitan, urged the commission to verify whether all political parties submitted their digital membership registers within the timeframe prescribed by the Electoral Act 2026.

The letter was signed by APC National Chairman, Prof. Nentawe Yilwatda, and National Secretary, Senator Surajudeen Ajibola Basiru.

The APC said its request followed the Supreme Court judgment delivered on September 24, 2026, in INEC v. Zenith Labour Party, Suit No. SC/CV/495/2026, which it said affirmed the validity of Section 77 of the Electoral Act 2026.

According to the party, the apex court set aside a Court of Appeal decision that had nullified Sections 77(5) to 77(7) and 84(2) of the Act, as well as a provision in INEC’s revised timetable and schedule of activities for the 2027 general elections.

The APC said Section 77(4) requires political parties to submit their membership registers to INEC not later than 21 days before their primaries, congresses or conventions.

It added that Section 77(5) restricts eligibility to vote and be voted for in party primaries, congresses and conventions to members whose names appear in the submitted register, while Section 77(6) prohibits parties from using alternative registers for those exercises.

The party further cited the Supreme Court’s interpretation of Section 77(7), saying failure to submit the digital membership register within the stipulated period could result in a political party being barred from fielding candidates in the general election, subject to the statutory conditions.

According to the APC, the Supreme Court emphasised that the provisions were intended to promote internal democracy through transparent, fair and verifiable party primaries, congresses and conventions.

The party also cited Section 228(a) of the 1999 Constitution, as amended, which empowers the National Assembly to make laws prescribing guidelines and rules to ensure internal democracy within political parties.

It referenced the Supreme Court’s reliance on Ardo v. Nyako (2014) 10 NWLR (Pt. 1416) 591, arguing that although political parties retain the power to nominate candidates, the process must comply with statutory requirements.

The APC also invoked Section 287(1) of the Constitution, which provides for the enforcement of Supreme Court decisions throughout the federation by all authorities, persons and courts subordinate to the apex court.

It argued that INEC was directly bound by the judgment because it was a party to the suit and had instituted the appeal.

The party consequently asked the commission to verify compliance by all political parties, apply the consequences prescribed by law where non-compliance is established, and ensure that only members listed in duly submitted registers are recognised as eligible to participate in internal party elections.

It also urged INEC to prevent political parties from using membership registers other than those submitted to the commission.

“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,” the party stated.

The APC warned that allowing political parties to disregard the statutory requirements without applying the prescribed consequences would undermine internal party democracy, electoral transparency and the rule of law.

It urged INEC to act expeditiously in implementing the provisions of the Electoral Act and the Supreme Court judgment ahead of the 2027 general elections.

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