The House of Representatives Committee on Electoral Matters has directed the Independent National Electoral Commission (INEC) to disqualify candidates whose names are not contained in their respective political parties’ membership registers.
In a letter to the electoral commission, Bayo Balogun, chairman of the committee, cited Section 77 of the Electoral Act 2026 and asked INEC to enforce the provision across all registered political parties in accordance with a recent Supreme Court judgment.
Last month, the apex court restored provisions of the Electoral Act relating to political party membership registers and the nomination of candidates.
Balogun referred to an earlier position issued by INEC on July 26, 2026, in which the commission expressed concerns over judicial pronouncements and pending cases concerning the interpretation and enforceability of Section 77 of the electoral law.
He said INEC’s position at the time was understandable, given the commission’s desire to avoid taking administrative measures that could subsequently be affected by a final court ruling.
According to Balogun, the legal situation has now changed following the Supreme Court judgment.
He said the apex court’s decision had eliminated the uncertainty surrounding the provision and created the basis for its enforcement.
Balogun urged INEC to conduct an audit of candidates presented by all political parties for the 2027 general election and confirm that their names appear in the membership registers earlier submitted to the commission, as required under Section 77(5).
He added that enforcing the relevant provisions of the Electoral Act would help prevent numerous court cases that could arise from non-compliance.
THE SUPREME COURT RULING
In September, a seven-member panel of the Supreme Court upheld an appeal filed by INEC and restored Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act.
In its lead judgment delivered by Adamu Jauro, the Supreme Court held that the provisions nullified by the Court of Appeal in July were not inconsistent with the 1999 Constitution.
The apex court set aside the Court of Appeal’s judgment and reinstated the Federal High Court’s decision, which had dismissed a suit filed by the Zenith Labour Party (ZLP) challenging the provisions.
Section 77(5) of the Electoral Act provides that only members whose names appear in a political party’s membership register, submitted to INEC at least 21 days before a primary, congress or convention, can participate in the exercise.
Section 77(6) provides that a political party cannot use a membership register other than the one submitted to the electoral commission for its primaries, congresses and conventions.
Under Section 77(7), a party that fails to submit its membership register within the prescribed period cannot field a candidate for the election.
Section 84(2) provides that political parties shall nominate candidates for elective positions through direct primaries or consensus.