The All Progressives Congress has called on the Independent National Electoral Commission to enforce a Supreme Court judgment on political party membership registers, warning that parties that fail to comply with the law could be barred from fielding candidates in the 2027 general elections.
The ruling All Progressives Congress (APC) has written to the Independent National Electoral Commission (INEC), demanding immediate enforcement of a Supreme Court judgment on the submission and use of political parties’ membership registers for primaries, congresses and conventions ahead of the 2027 general elections.
In a letter dated October 9, 2026, and signed by its National Chairman, Professor Nentawe Yilwatda, and National Secretary, Senator Surajudeen Ajibola Basiru, the party urged INEC to apply the legal consequences prescribed by law for political parties that fail to meet the statutory requirements.
The APC maintained that compliance with the judgment was not optional, insisting that parties that default in submitting their digital membership registers within the stipulated period could face disqualification from fielding candidates in the next general election.
The demand follows the Supreme Court judgment delivered on September 24, 2026, in INEC v. Zenith Labour Party, Suit No. SC/CV/495/2026. According to the APC, the apex court affirmed Section 77 of the Electoral Act 2026 and set aside a Court of Appeal order that had declared Sections 77(5) to 77(7) and 84(2) of the Act, as well as Activity Serial Number Two of INEC’s revised timetable for the 2027 general election, unconstitutional.
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APC Lists Three Demands to INEC
In its letter, the APC outlined three major actions it expects INEC to take in implementing the Supreme Court judgment.
First, the party asked the Commission to enforce the judgment in accordance with its terms and legal effect.
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Second, it called on INEC to verify whether every political party submitted its digital membership register within the period prescribed by law and to apply the consequences of non-compliance under Section 77(7) of the Electoral Act 2026.
Third, the APC urged the Commission to ensure that only members whose names appear on the membership register submitted to INEC are allowed to vote or be voted for during party primaries, congresses and conventions.
The party argued that these measures were necessary to promote transparency, accountability and compliance with the legal framework governing internal party elections.
What Section 77 of the Electoral Act Provides
The APC drew attention to Section 77(4) of the Electoral Act 2026, which provides that political parties must make their membership registers available to INEC not later than 21 days before the dates fixed for their respective primaries, congresses or conventions.
The party also cited Section 77(5), which restricts eligibility to vote and be voted for in party primaries, congresses and conventions to members whose names are contained in the relevant membership register.
Furthermore, Section 77(6) prohibits political parties from using a membership register other than the one submitted to the Commission.
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According to the APC, these provisions establish clear legal requirements for the conduct of internal party elections and are intended to prevent irregularities in the nomination of candidates.
The party further stated that the Supreme Court, at page 24 of its judgment, explained that the practical legal effect of Section 77(7) could include preventing a political party that fails to submit its digital membership register within the prescribed period from fielding candidates in the general election.
The APC said the interpretation underscored the mandatory nature of the statutory requirements and the consequences that could follow a party’s failure to comply.
Supreme Court Emphasises Internal Party Democracy
The APC also relied on the Supreme Court’s reported observations on the objectives of Section 77, particularly the need to strengthen internal democracy within political parties.
According to the letter, the court explained at pages 25 and 26 of the judgment that the provision seeks to ensure that party primaries, congresses and conventions are conducted fairly, transparently and in a manner that can be verified.
The party said the Supreme Court relied on Section 228(a) of the Constitution, which empowers the National Assembly to make laws concerning political parties and internal party democracy, as well as its earlier decision in Ardo v. Nyako (2014) 10 NWLR (Pt. 1416) 591.
In that earlier case, the court held that although political parties possess the authority to nominate their candidates, the process of nomination cannot be left entirely to the whims and caprices of party officials.
The APC argued that the principles established in the earlier decision reinforce the need for political parties to follow the statutory procedures governing their internal elections.
It also noted that the Supreme Court reportedly observed at page 34 of the judgment that INEC had given political parties sufficient time to submit their membership registers.
“Therefore, there is no justifiable reason for any political party to breach the deadline imposed by law,” the APC stated in the letter.
APC Says INEC Is Bound by the Judgment
The ruling party further stressed that INEC was the appellant in the Supreme Court case and was therefore bound by the court’s decision.
It cited Section 287(1) of the 1999 Constitution, as amended, which provides for the enforcement of Supreme Court decisions throughout the Federation by all authorities, persons and courts with subordinate jurisdiction.
The APC maintained that the constitutional provision leaves no room for the Commission to disregard the judgment or treat its implementation as a matter of discretion.
“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 party said.
It warned that failure to apply the consequences prescribed by law against defaulting political parties could undermine internal party democracy, electoral transparency and respect for the rule of law.
“Allowing political parties to disregard the prescribed statutory requirements without the application of the consequences stipulated by law would undermine the objectives of internal party democracy, electoral transparency and the rule of law,” the APC added.
Implications for the 2027 General Elections
The APC’s demand places renewed attention on the role of digital membership registers in the organisation of political party primaries and the nomination of candidates ahead of the 2027 general elections.
If enforced as the party has requested, the statutory requirements could have significant implications for political parties preparing to conduct primaries, congresses and conventions.
Parties would need to ensure that their membership registers are submitted to INEC within the legally prescribed period and that the registers used during internal elections are consistent with those filed with the Commission.
The dispute also highlights the importance of compliance with electoral laws and the potential consequences of failing to meet statutory deadlines.
However, the application of any sanction against a defaulting party would have to be grounded in the applicable law and the binding terms of the Supreme Court judgment.
The attention will now be on INEC and how the Commission responds to the APC’s demand for enforcement as political parties prepare for the next electoral cycle.
For the APC, strict implementation of the judgment is essential to ensuring that political parties operate within the law and that the process of selecting candidates for the 2027 general elections is conducted in a transparent and verifiable manner.
