27/09/2026
The recent Supreme Court judgment restored Sections 77(5), 77(6), 77(7), and 84(2) of the Electoral Act 2026, which the Court of Appeal had earlier struck down. This means those provisions remain valid and must be obeyed by political parties.
Simplified Explanation with Examples
1. Party Membership Register Must Be Submitted to INEC
The law says a political party must submit its membership register to INEC at least 21 days before its primary election. Only members whose names are on that register can vote or be voted for during the primary.
Example:
* ADC submits its membership register to INEC on time.
* John’s name is on the register.
* John can vote and contest in the primary.
But if Mary’s name is not on the submitted register:
* Mary cannot vote.
* Mary cannot contest the primary.
2. Parties Cannot Use a Different Register
A party must use the same register it submitted to INEC and cannot produce another list on the day of the primary.
Example:
* APC submits Register A to INEC.
* On primary day, APC cannot bring Register B containing new names.
* Only Register A is recognized.
3. Failure to Submit Register Can Cost a Party Its Candidate
If a party fails to submit its membership register within the required time, it may not be allowed to field a candidate for that election.
Example:
* Party X forgets or refuses to submit its register.
* Party X conducts a primary anyway.
* INEC may reject the candidate produced from that primary.
4. Candidate Nomination Must Follow Approved Methods
Section 84(2) provides that candidates are to emerge through direct primaries or consensus. The Supreme Court upheld this provision.
Example:
* If a party chooses direct primaries, members vote directly for their preferred aspirant.
* If a party chooses consensus, aspirants must agree to a consensus arrangement as required by law.
What This Means Politically
The Supreme Court’s decision strengthens INEC’s oversight of party primaries and makes it harder for parties to:
* Bring in last-minute members.
* Use unofficial membership lists.
* Conduct irregular primaries.
* Ignore procedures for selecting candidates.
Applying It to a Common Scenario
Suppose Candidate A wins a party primary and later withdraws.
The judgment does not automatically mean that another person who never participated in the primary can simply take the ticket. Any substitution would still have to comply with the Electoral Act, INEC guidelines, party rules, and any relevant court decisions. The exact legality would depend on the circumstances of the withdrawal and substitution.
If you want, I can also explain  how this judgment may affect the 2027 elections and the issue of a primary winner withdrawing in favour of someone who did not contest the primary, using practical political examples.
