The All Progressives Congress (APC) has urged the Independent National Electoral Commission (INEC) to immediately enforce the Supreme Court’s judgment on political party membership registers and compliance with Section 77 of the Electoral Act 2026 ahead of the 2027 general elections.
The ruling party made the demand in a letter dated October 9, 2026, addressed to INEC Chairman, Professor Joash Amupitan, and signed by APC National Chairman, Professor Nentawe Yilwatda, and National Secretary, Senator Ajibola Basiru.
In the letter, the APC argued that INEC, having been a party to the case as the appellant, is constitutionally obligated to give effect to the Supreme Court’s judgment under Section 287(1) of the 1999 Constitution, as amended.
The development follows the Supreme Court’s decision delivered on September 24, 2026, in INEC v. Zenith Labour Party, Suit No. SC/CV/495/2026, concerning statutory requirements for submitting and using political party membership registers during primaries, congresses and conventions.
Supreme Court Ruling on Electoral Act 2026
According to the APC, the Supreme Court set aside the Court of Appeal’s order that had nullified Sections 77(5) to 77(7) and Section 84(2) of the Electoral Act 2026, as well as Activity Serial No. 2 of INEC’s revised timetable for the 2027 general election.
The party said the apex court affirmed the mandatory nature of Section 77(4), which requires every political party to submit its membership register to INEC no later than 21 days before its primaries, congresses or conventions.
The APC further highlighted Section 77(5), which stipulates that only members whose names appear on the submitted register are eligible to vote and be voted for during the relevant party elections.
Section 77(6), meanwhile, prohibits political parties from using any alternative membership register in place of the one submitted to the electoral commission.
Citing the Supreme Court’s pronouncement on page 24 of the judgment, the APC said the practical implication of Section 77(7) is that a political party that fails to submit its digital membership register within the prescribed period may be barred from fielding candidates in an election.
The party maintained that the provisions are designed to strengthen internal democracy by ensuring that party primaries, congresses and conventions are conducted fairly, transparently and in a verifiable manner.
APC Calls for Sanctions Against Non-Compliant Parties
The APC called on INEC to verify whether all political parties have complied with the 21-day deadline for submitting their digital membership registers ahead of their respective internal elections.
It also urged the commission to apply the legal consequences prescribed under Section 77(7) where a party is found to have failed to meet the statutory requirements.
The party specifically asked INEC to determine whether the conditions for excluding a non-compliant political party from fielding candidates had been established and to enforce the consequences in accordance with the law and the Supreme Court’s ruling.
Furthermore, the APC called for strict enforcement of Sections 77(5) and 77(6), insisting that only members listed in the duly submitted register should be recognised as eligible to vote and be voted for in party primaries, congresses and conventions.
It also warned against the use of alternative membership registers, arguing that such practices would undermine the purpose of the statutory framework.
In its letter, the party stressed that compliance with Section 77 of the Electoral Act 2026 is not discretionary but a legal obligation whose interpretation has been authoritatively addressed by the Supreme Court.
“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 party stated.
APC Cites Constitutional Provisions on Internal Democracy
The ruling party said the Supreme Court anchored its decision on Section 228(a) of the 1999 Constitution, as amended, which empowers the National Assembly to make laws regulating political parties to ensure internal democracy.
The APC also cited the decision in Ardo v. Nyako (2014) in support of its position on statutory regulation and democratic practices within political parties.
According to the party, enforcing the judgment would help ensure that political parties comply with the legal requirements governing membership registers and the conduct of their internal electoral processes.
The APC therefore urged INEC to act expeditiously and decisively in implementing the Supreme Court’s decision in line with the Electoral Act 2026 and the Constitution.
It also invoked Section 287(1) of the Constitution, which requires the decisions of the Supreme Court to be enforced by all authorities and persons throughout the country.
Implications for the 2027 General Elections
The APC’s request places renewed emphasis on compliance with the statutory rules governing political party membership registers as preparations for the 2027 general elections continue.
If enforced as the APC has requested, the provisions could have significant implications for political parties that fail to submit their digital membership registers within the prescribed period.
The requirements could also affect the recognition of party members participating in primaries, congresses and conventions, while reinforcing the use of a single, officially submitted membership register for determining eligibility.
However, the consequences for any individual political party would depend on the applicable statutory provisions, the facts established regarding compliance and the legal effect of the Supreme Court’s judgment.
The APC maintained that prompt enforcement by INEC would strengthen internal party democracy, promote electoral transparency and uphold the rule of law ahead of the next general elections.
The commission’s response to the party’s request will be significant in determining how the judgment is implemented across Nigeria’s political parties.