The All Progressives Congress (APC) has urged the Independent National Electoral Commission (INEC) to immediately implement the Supreme Court’s judgment on political party membership registers and compliance with Section 77 of the Electoral Act 2026.
The party made the request in a letter dated October 9, 2026, addressed to INEC Chairman, Prof. Joash Amupitan. The letter was signed by APC National Chairman, Prof. Nentawe Yilwatda, and National Secretary, Senator Ajibola Basiru.
In the correspondence, the APC argued that INEC, having appeared as the appellant in the case, has a constitutional obligation to enforce the judgment in line with Section 287(1) of the 1999 Constitution.
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The request follows the Supreme Court’s ruling delivered on September 24, 2026, in INEC v. Zenith Labour Party, Suit No. SC/CV/495/2026. The case concerned statutory requirements for submitting and using political parties’ membership registers during primaries, congresses and conventions.
The apex court set aside a Court of Appeal 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.
According to the APC, the Supreme Court affirmed that Section 77(4) of the Electoral Act makes it mandatory for every political party to submit its membership register to INEC at least 21 days before conducting its primaries, congresses or conventions.
The party also highlighted Sections 77(5) and 77(6), which provide that only members listed in the submitted register are eligible to vote or be voted for in the relevant internal party elections, while prohibiting the use of alternative registers.
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 stipulated period could be barred from presenting candidates for an election.
The ruling party maintained that Section 77 is designed to strengthen internal democracy within political parties by promoting fairness, transparency and verifiable procedures in the conduct of primaries, congresses and conventions.
It further stated that the Supreme Court based its decision on Section 228(a) of the Constitution, which empowers the National Assembly to enact laws aimed at ensuring internal democracy in political parties. The APC also referenced the precedent established in Ardo v. Nyako (2014).
In its letter, the party outlined several measures it wants INEC to take to give effect to the ruling.
Among other requests, the APC asked the commission to immediately enforce the Supreme Court judgment in INEC v. Zenith Labour Party and verify whether political parties had submitted their digital membership registers within the statutory deadline of at least 21 days before their respective primaries, congresses or conventions.
It also urged INEC to apply the penalties prescribed under Section 77(7) where violations are established, including preventing affected parties from fielding candidates when the legal conditions for such action have been met.
The party further called on the commission to ensure strict compliance with Sections 77(5) and 77(6) by recognising only eligible members listed in the duly submitted registers and prohibiting the substitution of those registers with alternative records.
The APC stressed that compliance with Section 77 is a legal requirement rather than a matter of discretion, adding that the Supreme Court had already provided an authoritative interpretation of the relevant provisions.
It warned that allowing political parties to disregard the statutory requirements without enforcing the prescribed consequences could weaken internal party democracy, electoral transparency and the rule of law.
The party consequently called on INEC to act promptly and decisively in accordance with the Electoral Act 2026, the 1999 Constitution, as amended, and the Supreme Court’s judgment.
It added that the ruling must be enforced throughout the country by all relevant authorities and persons to ensure effective implementation of the legal framework governing political party membership registers.
