APC urges INEC to disqualify parties over membership register breach

The All Progressives Congress (APC) has urged the Independent National Electoral Commission (INEC) to prevent political parties that fail to comply with statutory requirements for submitting membership registers from fielding candidates in the 2027 general elections.

The ruling party made the request in a letter dated October 9, 2026, signed by its National Chairman, Prof. Nentawe Yilwatda, and National Secretary, Ajibola Basiru, and made available to journalists on Friday.

The APC called on INEC to enforce the Supreme Court’s judgment delivered on September 24, 2026, in the case of INEC v Zenith Labour Party, which addressed compliance with provisions of Section 77 of the Electoral Act 2026 governing membership registers for party primaries, congresses and conventions.

In the letter, the party asked the electoral commission to establish whether political parties had submitted their digital membership registers at least 21 days before their scheduled primaries, congresses and conventions, insisting that appropriate legal consequences should follow any breach.

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 affirmed the validity of section 77 of the Electoral Act 2026 as enacted by the National Assembly, by setting aside the order of the Court of Appeal nullifying S.77(5) to (7) and S. 84(2) of the Electoral Act 2026 and Activity Serial Number Two of the INEC Revised Timetable and Schedule and Schedule of Activities for 2027 General Election as unconstitutional.

“While 77(4) provides 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 provides that only members whose names are contained in the register shall be eligible to vote and be voted for in party primaries, congresses and conventions.

“Furthermore, section 77(6) prohibits a political party from using any register other than the one submitted to the Commission for those purposes. The Court at page 24 of the judgment further explained that the practical legal effect of section 77(7) of the Act is that a political party that fails to submit its digital membership register within the prescribed period may be precluded from fielding candidates in the general election.”

The APC maintained that the apex court had upheld the mandatory nature of Section 77, arguing that the provision was designed to strengthen internal democracy and ensure transparency in the selection of candidates by political parties.

It also emphasised that political parties must submit their membership registers within the stipulated period and restrict participation in primaries, congresses and conventions to members whose names appear on the registers filed with INEC.

The party further cited the Supreme Court’s interpretation of the law to support its demand for strict enforcement of the requirements.

The letter stated, “This interpretation by the Supreme Court demonstrates the mandatory character of the statutory requirements and the legal consequences of non-compliance by political parties. The Court was emphatic at pages 25 — 26 that the objective of section 77 is to ensure that political parties adhere to the principles of internal democracy, particularly through the fair, transparent and verifiable conduct of party primaries, congresses and conventions.

“The Supreme Court also emphasised that statutory requirements governing the timely submission of membership registers, the eligibility of members to vote and be voted for, and the exclusive use of the register submitted to INEC are integral to achieving that objective.

“In reaching this conclusion, the Supreme Court relied on section 228(a) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), which empowers the National Assembly to make laws prescribing guidelines and rules to ensure internal democracy within political parties, including laws regulating 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 donated to the National Assembly in section 228 of the Constitution is to make laws which provides guidelines and rules to ensure internal democracy within political parties and this includes making laws for the conduct of party primaries, party congresses and party conventions.”

The APC acknowledged that political parties possess the authority to nominate candidates for elections but argued that such powers must be exercised in accordance with established legal procedures.

According to the party, aspirants seeking elective positions must emerge through the direct or indirect primary processes recognised by law, with the applicable membership register serving as the basis for determining who can participate.

The ruling party also argued that INEC had provided political parties with sufficient time to comply with the digital register submission requirement under Section 77(4) of the Electoral Act 2026. It therefore maintained that parties had no justification for failing to meet the deadline.

Furthermore, the APC insisted that the commission was obligated to give effect to the Supreme Court’s ruling because it was a party to the suit.

It cited Section 287(1) of the 1999 Constitution, which requires authorities and persons to comply with and enforce decisions of the Supreme Court.

The party’s demand comes as political parties prepare for the 2027 general elections, with compliance with electoral laws and internal party procedures expected to remain significant issues in the selection of candidates.