Candidates Who May Be Affected By Recent Supreme Court Ruling
The recent Supreme Court ruling restoring key provisions of the Electoral Act 2026 has raised questions over the nomination of some candidates ahead of the 2027 general elections.
The apex court, in its September 24, 2026 judgment, restored Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act after the Court of Appeal had earlier declared the provisions unconstitutional.
The restored provisions concern political party membership registers and the process through which parties nominate candidates for elections.
Under the law, only members whose names are contained in a party’s membership register submitted to the Independent National Electoral Commission at least 21 days before a primary, congress or convention can participate in the exercise.
The law also provides that parties must use the register submitted to INEC for their internal elections, while Section 84(2) provides for direct primaries or consensus in the nomination of candidates.
The ruling has raised fresh questions about the nomination of politicians who moved from one political party to another around the period of party primaries.
Among those whose candidacies have attracted attention are Rivers State governorship candidate of the All Progressives Congress, Kingsley Chinda; Delta Central senatorial candidate of the Nigeria Democratic Congress, Ovie Omo-Agege; former Cross River State governor and Peoples Redemption Party presidential candidate, Donald Duke; former Delta State House of Assembly Speaker and NDC Delta North senatorial candidate, Victor Ochei; and former Minister of Communications and Digital Economy, Isa Pantami, who is the PDP governorship candidate in Gombe State.
Chinda emerged as the APC governorship candidate in Rivers on May 21. His movement from the Peoples Democratic Party to the APC around the nomination period has led to questions over when his APC membership became effective and whether his name was contained in the party register submitted to INEC before the primary.
Omo-Agege and Ochei also face questions because both moved from the APC to the NDC after the APC nomination exercises. The NDC subsequently granted them waivers before they secured the party’s senatorial tickets.
In Gombe, questions have been raised over Pantami’s movement from the APC to the PDP before he emerged as the party’s governorship candidate. His initial nomination was later challenged in court, leading to an order for a fresh primary, which he subsequently won.
Duke’s case is also attracting attention because he joined the PRP shortly before its presidential primary. A rival had challenged his nomination on the grounds that he was allegedly not listed in the party’s membership register submitted to INEC before the primary. However, the Federal High Court later dismissed the challenge on September 30 on grounds including that the case was statute-barred and unproven.
Other candidates whose nominations have drawn questions include PDP governorship candidate in Niger State, Muhammad Nami, and former Inspector-General of Police, Mohammed Abubakar Adamu, who is the SDP governorship candidate in Nasarawa State.
The Supreme Court ruling did not name or disqualify any of the candidates. Instead, the legality of individual nominations could depend on whether the relevant political parties complied with the restored provisions during their nomination processes.
The Independent National Electoral Commission has received complaints from political parties, aggrieved aspirants and members of the National Assembly over the implications of the judgment.
INEC Chairman, Professor Joash Amupitan, said the commission had received the certified true copy of the Supreme Court judgment and was reviewing it before deciding on the appropriate action.
The commission’s review is expected to clarify whether the restored provisions have any effect on the candidates whose nominations have come under scrutiny as parties prepare for the 2027 elections.
