APC urges INEC to block parties over membership register issues

The All Progressives Congress has asked the Independent National Electoral Commission to prevent political parties that do not follow Section 77 of the Electoral Act 2026 from putting forward candidates in the 2027 general elections.

In a letter dated October 9, signed by its National Chairman, Prof. Nentawe Yilwatda, and National Secretary, Ajibola Basiru, and shared with journalists on Friday, the APC called on INEC to enforce the Supreme Court’s judgment from September 24 in the case of INEC v Zenith Labour Party regarding membership register rules.

In the letter to INEC, the party asked the commission to check if political parties submitted their digital membership registers at least 21 days before their primaries, congresses, and conventions. It also urged INEC to apply legal penalties for those who do not comply.

The letter stated, “The All Progressives Congress respectfully request the Independent National Electoral Commission (hereinafter referred to as the Commission) to take immediate steps to enforce by giving effect to the judgment of the Supreme Court (attached herewith for ease of reference) delivered on 24 September 2026 in INEC v Zenith Labour Party (Suit No. SC/CV/495/2026), regarding compliance with the statutory requirements governing the submission and use of political parties’ membership registers for party primaries, congresses and conventions.

“The judgment confirmed that section 77 of the Electoral Act 2026 is valid as passed by the National Assembly. It set aside the Court of Appeal’s order that nullified sections 77(5) to (7) and 84(2) of the Electoral Act 2026 and Activity Serial Number Two of the INEC Revised Timetable and Schedule of Activities for the 2027 General Election as unconstitutional.

“While 77(4) states that ‘Each political party shall make such register available to the Commission not later than 21 days before the date fixed for the party primaries, congresses or conventions,’ section 77(5) specifically states that only members whose names are in the register can vote and be voted for in party primaries, congresses, and conventions.

“Also, section 77(6) stops a political party from using any register other than the one submitted to the Commission for these purposes. The Court explained that the legal effect of section 77(7) is that a political party that fails to submit its digital membership register on time may be blocked from fielding candidates in the general election.”

The APC mentioned that the Supreme Court confirmed that Section 77 of the Electoral Act 2026 makes it necessary for parties to follow membership register rules. This is aimed at promoting internal democracy and fair party elections.

It also stressed that parties need to submit their registers to INEC on time. Only members listed in the register should be allowed to vote or run in primaries, congresses, and conventions.

The letter went on, “This interpretation by the Supreme Court shows the compulsory nature of the statutory requirements and the legal consequences for political parties that do not comply. The Court was clear on pages 25 to 26 that section 77 aims to ensure that political parties follow the principles of internal democracy, especially through fair, transparent, and verifiable conduct of party primaries, congresses, and conventions.

“The Supreme Court also highlighted that the rules about timely submissions of membership registers, the eligibility of members to vote and be voted for, and the exclusive use of the register submitted to INEC are key to achieving that aim.

“To reach this conclusion, the Supreme Court looked at section 228(a) of the Constitution of the Federal Republic of Nigeria 1999 (as amended). This section allows the National Assembly to create laws that set guidelines and rules for ensuring internal democracy within political parties, including rules for the conduct of party primaries, congresses, and conventions.

“It correctly referred to and relied on Ardo v Nyako(2014) 10 NWLR (Pt.1416) 591 at 620 in which it held that, The power given to the National Assembly in section 228 of the Constitution is to create laws which provide guidelines and rules to ensure internal democracy within political parties. This includes making laws for the conduct of party primaries, party congresses, and party conventions.”

The APC said political parties have the right to nominate candidates for elections but must follow the legal procedures, which include conducting direct or indirect primaries for those seeking elective positions.

The party also stated that the Supreme Court confirmed that INEC gave political parties enough time to submit their digital membership registers as required by Section 77(4) of the Electoral Act 2026. It added that there is no excuse for missing the deadline.

It argued that INEC must enforce the judgment because it was part of the case. The APC pointed to Section 287(1) of the 1999 Constitution, which states that all authorities and persons must obey the law.