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The Independent National Electoral Commission (INEC) is expected to take a position next week on candidates whose emergence may have breached provisions of the 2026 Electoral Act following the Supreme Court’s recent judgment.
The commission is currently awaiting the Certified True Copy (CTC) of the judgment before determining the appropriate steps to take, amid growing uncertainty among political parties and candidates.
A senior INEC source said the commission was concerned about the different interpretations of the judgment and would consider possible sanctions after its legal department had reviewed the court’s decision.
The source said the commission was also constrained by its election timetable and could not afford prolonged uncertainty over the eligibility of candidates ahead of the publication of the final lists.
INEC’s timetable provides for the publication of the final list of candidates for the presidential and National Assembly elections, while the final list for governorship and State Assembly elections is scheduled for October 10, 2026.
The commission’s National Commissioner and Chairman of its Information and Voter Education Committee, Mohammed Haruna, confirmed that INEC would review the judgment after obtaining the CTC.
Haruna explained that obtaining a CTC ordinarily takes about a week, noting that the judgment was delivered on September 24 and the period had not yet elapsed.
He said that once the document was obtained, INEC’s legal department would study it before the matter was presented to the commission for consideration and a decision.
Haruna also acknowledged that several issues arising from the judgment needed to be resolved, adding that the development had generated anxiety within the commission and among political parties.
The controversy centres largely on the interpretation and application of provisions of Section 77 of the Electoral Act relating to political party membership registers and participation in party primaries.
The law requires political parties to maintain digital membership registers containing specified details of their members and submit the registers to INEC not later than 21 days before their primaries, congresses or conventions.
It further provides that only members whose names appear on the submitted register are eligible to vote or be voted for at party primaries, congresses and conventions.
The Act also prohibits political parties from using a different membership register for their primaries from the one submitted to INEC.
A party that fails to submit its membership register within the stipulated period is, under the relevant provision, not eligible to field a candidate for the election.
The Supreme Court judgment has therefore raised questions over candidates whose emergence followed controversial or late primaries and whether their circumstances comply with the statutory requirements.
Some affected candidates and their supporters have argued that because the Supreme Court did not specifically name individual candidates in its judgment, INEC cannot take action against them without a separate court pronouncement.
However, INEC is expected to rely on the CTC and the advice of its legal department in determining how the judgment affects the nomination of candidates.
The development has heightened uncertainty within political circles as parties await the commission’s interpretation of the judgment and its possible implications for candidates already nominated for the 2027 elections.
