By Joy Yesufu
The Independent National Electoral Commission (INEC) has commenced a review of the Supreme Court judgment restoring key provisions of the Electoral Act 2026, amid questions over the eligibility of some candidates ahead of the 2027 general elections.
INEC Chairman, Prof. Joash Amupitan, disclosed this on Tuesday at the commission’s World Press Conference in Abuja.
Amupitan said the commission had received complaints from political parties, aggrieved aspirants and members of the National Assembly seeking clarification on the implications of the Supreme Court judgment in the case between INEC and the Zenith Labour Party (ZLP).
The Supreme Court, in its September 24, 2026 judgment, set aside the Court of Appeal decision that had voided Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act 2026 and restored the earlier Federal High Court judgment. The apex court held that the disputed provisions were not inconsistent with the 1999 Constitution.
According to Amupitan, INEC only received the certified true copy of the judgment on Tuesday and was studying its contents before determining the appropriate course of action.
“We have recently received complaints from some political parties, and aggrieved aspirants, and even from the National Assembly, drawing our attention to the recent Supreme Court decision in INEC and Zenith Labour Party, delivered on the 24th day of September, 2026, affirming the constitutionality of Section 77, subsections 5 to 7 of the Electoral Act, 2026, and also upholding our revised timetable and schedule of activities for the 2027 general election.
“We only received the certified true copy of this judgment this morning, and it is being reviewed,” he said.
The development has heightened concerns over the political fate of some high-profile candidates who defected to new political parties after their former parties had conducted or commenced nomination exercises.
Among those whose nominations have attracted attention are the Rivers State governorship candidate of the All Progressives Congress (APC), Kingsley Chinda; Delta Central senatorial candidate of the Nigeria Democratic Congress (NDC), Ovie Omo-Agege; former Cross River State governor and Peoples Redemption Party (PRP) presidential candidate, Donald Duke; and former Delta State House of Assembly Speaker, Victor Ochei.
The Supreme Court judgment centres, among other issues, on provisions governing political party membership registers and candidate nomination. Section 77 requires parties to submit their membership registers to INEC, while the restored provisions prescribe the legal consequences surrounding the use and submission of such registers.
INEC’s review is therefore expected to clarify how the judgment applies to the affected candidates and political parties, as well as its implications for the commission’s preparations for the 2027 elections.
