The September sun hung low over Abuja as the Supreme Court’s gavel fell on a quiet Tuesday, sealing a judgment that would reverberate through Nigeria’s political arteries for months to come. In the hushed chambers of the nation’s highest bench, justices affirmed the constitutionality of Sections 77(5), 77(6) and 77(7) of the Electoral Act 2026, a trio of provisions that demand parties submit authentic membership registers before primaries and bar those who fail from fielding candidates. The ruling, delivered in the case INEC v Zenith Labour Party (Suit No SC/CV/495/2026), not only resurrected legal clauses previously struck down by the Court of Appeal but also handed the Independent National Electoral Commission a renewed mandate to enforce internal democracy with an ironclad fist. Almost simultaneously, the All Progressives Congress dispatched a sharply worded letter to INEC Chairman Prof Joash Amupitan, urging immediate enforcement of the judgment and citing Section 287(1) of the 1999 Constitution as the binding compass for the commission’s duty. Across the nation, party officials huddled over membership lists, candidates anxiously checked their names against digital registers, and INEC officials prepared to display the preliminary voters’ register in Sokoto beginning October 9, a ritual meant to let citizens verify their details before the 2027 general election.



The atmosphere crackled with anticipation and apprehension, as the outcome of this legal tussle would determine not only which names appear on ballots but also the very credibility of Nigeria’s democratic process in the looming electoral cycle.

The Legal Labyrinth: Restoring Sections 77 and the Constitution’s Echo

The Supreme Court’s September 24, 2026 judgment reads like a meticulous re‑weaving of the electoral fabric, threading together statutory language and constitutional principle with the precision of a master tailor. Justice Adamu Jauro, speaking for the unanimous seven‑member panel, declared that Sections 77(5) through 77(7) and Section 84(2) of the Electoral Act 2026 are fully compatible with the 1999 Constitution, directly overturning the Court of Appeal’s earlier nullification that had threatened to leave a regulatory vacuum. The judgment emphasized that Section 77(5) guarantees that only individuals whose names appear in the party’s membership register submitted to INEC within the prescribed period may vote or be voted for in primaries, congresses or conventions, while Section 77(6) forbids parties from substituting any other register for these exercises. Section 77(7) goes further, stipulating that a party neglecting to file its digital membership register on time cannot field a candidate for any election, a provision the court described as the practical effect of ensuring internal democracy. In its reasoning, the apex court leaned heavily on Section 228(a) of the Constitution, which empowers the National Assembly to legislate for internal party democracy, and cited the landmark Ardo v Nyako (2014) decision as jurisprudential bedrock for this interpretation.



The court also awarded N2 million in costs against the Zenith Labour Party, a financial signal that underscores the seriousness with which the judiciary views compliance. INEC, having appealed after the Court of Appeal’s July ruling, now found itself in the unusual position of being both appellant and enforcer of a judgment it had originally sought to uphold. Legal analysts noted that the decision reinstates a clear procedural pathway: parties must submit registers at least twenty‑one days before primaries, and any deviation invites the specter of disqualification. The judgment’s clarity, however, did not eliminate all ambiguity; it left room for interpretation regarding what constitutes a “digital membership register” and how strictly the twenty‑one‑day window will be policed, questions that INEC’s technical teams are now grappling with as they scrutinize the certified true copy of the verdict.

The Political Chessboard: Candidates, Parties and the Looming 2027 Contest

In the wake of the Supreme Court’s pronouncement, the fates of several high‑profile candidates have become the subject of intense speculation, their political fortunes hanging on the delicate thread of register compliance. Kingsley Chinda, the All Progressives Congress governorship hopeful in Rivers State, registered as an APC member on April 27, 2026, a full twenty‑four days before the party’s governorship primary on May 21, a timeline his party insists satisfies the statutory requirement. Yet, opposition lawyers and civic groups have queried whether the APC’s submitted register truly captured Chinda’s status at the precise moment of filing, a nuance that could tip the scales toward disqualification. Similar clouds gather over Ovie Omo‑Agege, the Nigeria Democratic Congress senatorial candidate for Delta Central, whose nomination has been challenged on grounds that his name may have been omitted from the party’s register submitted to INEC. The former Cross River State governor and Peoples Redemption Party presidential aspirant Donald Duke, along with Victor Ochei, a former Delta State House of Assembly Speaker, also find their candidacies under review, each case prompting parties to scramble for internal audits and legal counsel. Mohammed Haruna, INEC National Commissioner for Information and Voter Education, disclosed on Trust TV’s Daily Politics programme that the commission is interviewing candidates across all elective levels—from gubernatorial contests down to State Houses of Assembly—to verify whether their names appear on the appropriate party registers at the relevant juncture.



Haruna emphasized that INEC will not permit parties to benefit from a breach by simply swapping out a disqualified candidate, declaring, “It’s like you committed an offence, you are benefiting from it, if you are able to substitute a candidate.” This stance sends a clear message to party strategists: the era of last‑minute nominee replacements to circumvent register lapses is over, and internal party democracy must be demonstrable, not merely proclaimed. Political observers warn that the fallout could reshape party structures, forcing organizations to invest earlier and more rigorously in membership verification, potentially advantaging parties with robust digital infrastructure while penalizing those reliant on outdated, paper‑based systems.

The Socio‑Economic Ripple: Trust, Investment and the Voters’ Register

As the political drama unfolds, INEC’s administrative machinery is simultaneously rolling out a nationwide exercise designed to bolster voter confidence at the grassroots level. Beginning October 9, the commission commenced the display of the Preliminary Register of Voters for claims and objections in Sokoto State, a seven‑day exercise that will see newly minted Permanent Voter Cards distributed to citizens who completed the first phase of the Continuous Voter Registration exercise. Umar Garba, the Resident Electoral Commissioner for Sokoto, explained that the initiative allows voters to verify their names, photographs and other details at Registration Area offices, report any discrepancies through prescribed channels, and ultimately ensure that the final voters’ roll is as accurate as possible before the 2027 polls. The logistical undertaking includes the delivery of newly produced PVCs, the deployment of staff to registration centers, and the coordination of security arrangements to guarantee a hitch‑free process, particularly in areas without prevailing security concerns. Beyond the immediate aim of cleaning the voter list, INEC framed the display as a call for stakeholders’ support, urging political parties, civil society groups and the media to collaborate in safeguarding the integrity of the register. This appeal comes at a time when public trust in electoral institutions is under strain; Professor Joash Amupitan, INEC Chairman, warned at the Guild of Corporate Online Publishers conference that unverified allegations of electoral fraud, even when later retracted, can inflict lasting damage on confidence, fueling voter apathy and potentially destabilizing the democratic ecosystem.



Economists note that diminished voter trust can translate into lower turnout, which in turn affects the legitimacy of elected officials and may deter domestic and foreign investment that looks for stable, predictable governance. Conversely, a credible voters’ register—bolstered by transparent display exercises and rigorous party register compliance—can enhance Nigeria’s reputation as a destination for capital, signaling to investors that the country’s electoral foundations are sound. The interplay between these socio‑economic forces underscores that the stakes of the membership‑register dispute extend far beyond the courtroom, touching the everyday livelihoods of citizens who depend on effective governance for jobs, infrastructure and social services.

The Technological and Informational Battlefield: Digital Registers, Deepfakes and the Information War

At the heart of the current controversy lies a technological mandate that has transformed the way political parties conduct their internal affairs: the requirement to submit a digital membership register to INEC, a stipulation that Sections 77(5) and 77(6) enforce with uncompromising rigidity. The