The House of Representatives Committee on Electoral Matters has directed the Independent National Electoral Commission (INEC) to disqualify candidates whose names are not contained in their political parties’ membership registers.
In a letter to INEC, the committee chairman, Bayo Balogun, cited Section 77 of the Electoral Act 2026 and urged the commission to enforce the provision across all registered political parties.
Balogun said the directive followed a recent Supreme Court judgment which restored key provisions governing party membership registers and candidate nominations ahead of the 2027 general election.
The committee chairman referred to an earlier position by INEC dated July 26, 2026, in which the commission raised concerns about judicial pronouncements and pending cases surrounding the interpretation and enforceability of Section 77.
According to Balogun, INEC’s position was understandable at the time because the commission sought to avoid taking administrative steps that could subsequently be affected by a final court ruling.
He said the Supreme Court’s latest decision had now removed the uncertainty surrounding the provision and paved the way for its enforcement.
Balogun asked INEC to audit candidates fielded by all political parties for the 2027 election and verify that their names appear on the membership registers previously submitted to the commission, as required by Section 77(5).
He said enforcing the Electoral Act would help prevent a flood of court cases arising from alleged non-compliance.
Supreme Court ruling
In September, a seven-member panel of the Supreme Court upheld an appeal filed by INEC and restored Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act.
The apex court, in a lead judgment delivered by Justice Adamu Jauro, held that the provisions struck down by the Court of Appeal in July were not inconsistent with the 1999 Constitution.
The Supreme Court set aside the appellate court’s judgment and restored the Federal High Court’s decision dismissing a suit filed by the Zenith Labour Party (ZLP) challenging the provisions.
Section 77(5) provides that only members whose names are contained in a political party’s membership register submitted to INEC at least 21 days before a primary, congress or convention can participate in the exercise.
Section 77(6) states that a political party cannot use a membership register other than the one submitted to INEC for its primaries, congresses and conventions.
Under Section 77(7), a party that fails to submit its membership register within the stipulated period cannot field a candidate for an election.
Section 84(2) provides that political parties shall nominate candidates for elective positions through direct primaries or consensus.
