Membership Register: APC urges INEC to bar non-compliant parties from fielding candidates in 2027

The All Progressives Congress (APC) has asked the Independent National Electoral Commission (INEC) to enforce the Supreme Court judgement that could prevent political parties that fail to comply with statutory requirements for submitting membership registers from fielding candidates in the 2027 general election.

In a letter dated 9 October, addressed to the INEC Chairman, Joash Amupitan, the APC National Chairman, Nentawe Yilwatda, and National Secretary, Surajudeen Ajibola Basiru, urged the commission to verify whether all political parties had complied with Section 77 of the Electoral Act 2026 and impose the prescribed sanctions on those found to have violated the law.

The request followed a 24 September ruling in INEC v. Zenith Labour Party, Suit No. SC/CV/495/2026, which, according to the APC, reaffirmed the validity of the statutory provisions governing the submission and use of political parties’ membership registers for primaries, congresses and conventions.

Mr Amupitan disclosed on Tuesday that the commission had received the Certified True Copy (CTC) of the judgement.

Consequently, the INEC National Commissioner for Information and Voter Education, Mohammed Haruna, said in a media interview on Wednesday that political parties that violated the statutory requirement on membership registers would not be allowed to field candidates in the 2027 general elections.

Since the ruling was pronounced, the media has speculated that some candidates have been affected. They include the APC governorship candidate in Rivers State, Kingsley Chinda, and the NDC senatorial candidate for Delta Central, Ovie Omo-Agege, a former deputy senate president.

In a statement issued on Friday, the party’s National Publicity Secretary, Felix Morka, said the APC expected INEC to act promptly on the judgement and ensure that political parties complied with the law ahead of the 2027 elections.

The party argued that enforcing the judgment was necessary to strengthen internal democracy, promote transparency in candidate selection, and uphold the rule of law.

Under Section 77(4) of the Electoral Act 2026, political parties are required to submit their membership registers to INEC at least 21 days before their primaries, congresses or conventions.

Section 77(5) provides that only members whose names appear in the register submitted to the Commission are eligible to vote and be voted for in those internal party processes.

Section 77(6) also prohibits parties from using any register other than the one submitted to INEC for the purpose.

The APC said the provisions were mandatory and should not be treated as discretionary requirements that political parties could disregard without consequences.

Supreme Court judgement and possible sanctions

In its letter, the APC said the Supreme Court set aside an earlier Court of Appeal order that had nullified Sections 77(5) to 77(7) and Section 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.

The party said the Supreme Court’s interpretation of Section 77(7) underscored the consequences of failing to submit the required digital membership register within the prescribed period.

According to the APC’s account of the judgement, the court explained on page 24 that a political party that fails to submit its digital membership register within the statutory deadline could be prevented from fielding candidates in the general election.

The APC therefore asked INEC to determine whether each political party met the statutory deadline and apply the relevant consequences where violations were established.

It also urged the commission to ensure that only members listed in the duly submitted registers were recognised as eligible to participate in the relevant internal elections.

The party said the Supreme Court emphasised that Section 77 was meant to ensure political parties conduct their primaries, congresses and conventions in a fair, transparent and verifiable manner.

It added that the court had relied on 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.

The APC also cited the Supreme Court’s reliance on Ardo v. Nyako (2014) 10 NWLR (Pt. 1416) 591, a case concerning the legal framework governing political parties’ nomination of candidates.

The party argued that the case established that although political parties retain the power to nominate candidates for elections, they must exercise that power in accordance with procedures prescribed by law.

The APC further argued that INEC had given political parties sufficient time to submit their digital membership registers, as contemplated by Section 77(4), leaving no justification for non-compliance.

APC invokes constitutional obligation on INEC

The APC also invoked Section 287(1) of the 1999 Constitution, which requires all authorities, persons, and subordinate courts to enforce Supreme Court decisions throughout the federation.

It argued that INEC was directly bound by the judgement because it was a party to the suit and had appealed against the earlier decision.

The APC said the commission was therefore constitutionally obliged to give effect to the judgement while carrying out its statutory responsibilities as the electoral management body.

It asked INEC to enforce the Supreme Court’s decision in accordance with its terms, verify compliance with the statutory deadline and exclude any political party from fielding candidates where the conditions for such a sanction had been established.

The party said failure to enforce the law would undermine the objectives of internal party democracy and weaken confidence in the electoral process.

“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,” the APC said in the letter.

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It urged INEC to act expeditiously and decisively to implement the provisions of the Electoral Act and the Supreme Court judgement as preparations for the 2027 general election gain momentum.

“We therefore urge the Commission to act expeditiously and decisively, in strict conformity with the provisions of the Electoral Act 2026, the Constitution (as amended), and the Supreme Court’s ruling, 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,” the party said.

Implications for the 2027 elections

The dispute over membership registers concerns the rules governing participation in political parties’ internal elections, through which they select candidates for elective offices.

The requirement that parties submit their membership registers before primaries is intended to establish an identifiable record of eligible members and prevent the use of alternative lists to determine who can participate in the selection of candidates.

If INEC enforces the provisions as requested by the APC, parties that fail to meet the statutory requirements could face legal consequences, potentially including exclusion from fielding candidates where the conditions prescribed by law are satisfied.

The request also requires INEC to determine which parties complied with the requirements and whether any violation attracts the sanctions provided under the law.

However, the consequences would depend on the applicable statutory provisions, the facts established in each case and the terms of the Supreme Court judgement.

The APC’s demand comes as political parties prepare for the 2027 general election, when compliance with electoral laws and the credibility of internal nomination processes are likely to become increasingly important.