Membership registers: APC writes INEC, demands enforcement of S’Court verdict

By Omeiza Ajayi

The ruling All Progressives Congress APC has written the Independent National Electoral Commission, INEC, demanding immediate enforcement of the Supreme Court judgment on the submission and use of political parties’ membership registers for primaries, congresses and conventions.

In a letter dated October 9, 2026, signed by its National Chairman, Prof. Nentawe Yilwatda, and National Secretary, Sen. Surajudeen Ajibola Basiru, the party asked the Commission to apply the legal consequences of non-compliance, including barring any defaulting party from fielding candidates in the general election.

The judgment was delivered on September 24, 2026, in INEC v Zenith Labour Party (Suit No. SC/CV/495/2026). It affirmed section 77 of the Electoral Act 2026 and set aside the Court of Appeal’s order that had declared sections 77(5) to (7) and 84(2) of the Act, and Activity Serial Number Two of INEC’s Revised Timetable and Schedule of Activities for the 2027 General Election, unconstitutional.

The APC asked INEC to do three things. First, to enforce the judgment “in accordance with its terms and legal effect.” Second, to verify whether each party submitted its digital membership register within the statutory period and to apply the consequences under section 77(7). Third, to ensure that only members on the register submitted to the Commission vote and are voted for in internal party elections.

The party pointed to section 77(4), which 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), it added, “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.”

Section 77(6) bars a party from using any register other than the one submitted to INEC.

The APC said the Supreme Court, at page 24 of the judgment, explained that the practical legal effect of section 77(7) is that a party that fails to submit its digital membership register within the prescribed period may be precluded from fielding candidates in the general election.

It held that this interpretation “demonstrates the mandatory character of the statutory requirements and the legal consequences of non-compliance by political parties.”

According to the letter, the Court said at pages 25 and 26 that the objective of section 77 is to ensure that parties adhere to internal democracy through the fair, transparent and verifiable conduct of primaries, congresses and conventions.

The Court relied on section 228(a) of the Constitution, which empowers the National Assembly to make laws on internal party democracy, and on its earlier decision in Ardo v Nyako (2014) 10 NWLR (Pt. 1416) 591, the letter said. In that case, the Court held that although the power to nominate candidates resides with the parties, “the procedure for the nomination is not left to the whims and caprices of party officials.”

The APC noted that at page 34 the Supreme Court observed that parties had been given sufficient time by INEC to submit their registers.

“Therefore, there is no justifiable reason for any political party to breach the deadline imposed by law,” the letter stated.

The party stressed that INEC was the appellant in the suit and is therefore bound by the judgment. It cited section 287(1) of the Constitution, which provides that “The decisions of the Supreme Court shall be enforced in any part of the Federation by all authorities and persons, and by courts with subordinate jurisdiction to that of the Supreme Court.”

“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 APC said.

It warned that “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.”

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