The Supreme Court’s restoration of key provisions of the Electoral Act 2026 has raised fresh questions over the nomination of several high-profile candidates ahead of the 2027 general elections, particularly those who switched parties around the time of primaries.

In its judgment on 24 September 2026, the apex court restored Sections 77(5), 77(6), 77(7) and 84(2) of the Act, which the Court of Appeal had earlier declared unconstitutional. The provisions govern party membership registers and the process through which parties nominate candidates.

Under the restored provisions, only members whose names appear in a party’s membership register submitted to the Independent National Electoral Commission (INEC) at least 21 days before a primary, congress or convention may participate in the exercise. Parties are also required to use the register submitted to INEC for their internal elections. Section 84(2) provides for direct primaries or consensus in the nomination of candidates.

The ruling has drawn attention to politicians who moved between parties close to primaries. Among them:

Kingsley Chinda (Rivers, APC governorship candidate): He emerged on 21 May after leaving the PDP for the APC around the nomination period.

Questions centre on when his APC membership took effect and whether his name was on the register submitted to INEC before the primary.

Ovie Omo-Agege (Delta Central, NDC senatorial candidate) and Victor Ochei (Delta North, NDC senatorial candidate): Both moved from the APC to the NDC after the APC nomination exercises. The NDC granted them waivers before they secured the party’s senatorial tickets. Ochei is a former Speaker of the Delta State House of Assembly.

Isa Pantami (Gombe, PDP governorship candidate): The former Minister of Communications and Digital Economy moved from the APC to the PDP before emerging as candidate. His initial nomination was challenged in court, leading to an order for a fresh primary, which he won.

Donald Duke (PRP presidential candidate): The former Cross River State governor joined the PRP shortly before its presidential primary. A rival challenged his nomination, alleging he was not on the register submitted to INEC. The Federal High Court dismissed the suit on 30 September, citing grounds including that it was statute-barred and unproven.

Other candidates whose nominations have drawn questions include Muhammad Nami, PDP governorship candidate in Niger State, and former Inspector-General of Police Mohammed Abubakar Adamu, SDP governorship candidate in Nasarawa State.

The Supreme Court did not name or disqualify any candidate. The legality of each nomination may depend on whether the parties concerned complied with the restored provisions during their nomination processes.

INEC has received complaints from political parties, aggrieved aspirants and members of the National Assembly over the implications of the judgment. Its Chairman, Professor Joash Amupitan, said the commission had received the certified true copy of the judgment and was reviewing it before deciding on the appropriate action.

That review is expected to clarify whether the restored provisions affect the candidates whose nominations are under scrutiny as parties prepare for the 2027 elections. (The Sun)

Update news