INEC Membership Register Compliance
OpenLife News reports that the Supreme Court’s restoration of key provisions of the Electoral Act 2026 has triggered fresh legal anxiety over the nominations of some Peoples Democratic Party, PDP, and other opposition parties’ candidates ahead of the 2027 elections.
Other parties affected include the Social Democratic Party, SDP; Allied Peoples Movement, APM; People’s Redemption Party, PRP; and the All Progressives Congress, APC.
In its unanimous judgment of September 24, 2026, the apex court restored Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act, holding that the provisions were not inconsistent with the 1999 Constitution and setting aside the earlier Court of Appeal decision that had voided them.
The restored provisions require parties to rely on the membership register submitted to the Independent National Electoral Commission, INEC, at least 21 days before a primary.
A party cannot use a different register, while nominations are to be conducted through direct primaries or consensus.
The judgment does not automatically disqualify any candidate. Rather, it restores statutory requirements that could expose nominations to legal challenges where evidence shows that membership, registration or nomination procedures did not comply with the law.
PDP Candidates in the Eye of the Storm
Although the Supreme Court made no candidate-specific findings, those in the eye of the storm include Senator Saliu Mustapha, Kolo Jiya, Prof. Iyabo Obasanjo and Senator Olubiyi Fadeyi.
Questions have been raised over the PDP senatorial candidacies of Senator Saliu Mustapha in Kwara Central and Kolo Jiya in Kwara North. Both were previously associated with the APC before moving into the PDP camp backed by the Saraki-led G15 alliance working with the FCT Minister Nyesom Wike-led Rainbow Coalition.
The central questions concern whether their names appeared on the PDP membership register submitted to INEC within the prescribed period and whether waivers granted them were sufficient.
The Kwara PDP has rejected suggestions that the judgment automatically invalidated their candidacies, insisting Mustapha did not participate in the earlier primary and became candidate after withdrawal of the initial nominee, and that required waivers were obtained.
The candidacy of Dr Iyabo Obasanjo in Ogun Central has also come under scrutiny. Obasanjo resigned from APC on May 31, 2026 after losing the governorship ticket, returned to PDP on June 15 and was presented as its Ogun Central senatorial candidate two days later.
Her media aide, Dr Odun Agbalajobi, rejected claims of disqualification, saying: “Senator Iyabo Obasanjo was not a party to that case,” adding that the judgment did not issue any order disqualifying her.
A PDP chieftain in Ogun, Adeoye Adewale Adeniran, accused APC of twisting the judgment. “The APC is twisting the Supreme Court judgment to stop Iyabo Obasanjo,” he said.
In Osun, Senator Olubiyi Fadeyi has also rejected reports that the judgment ended his second term bid. “For clarity sake, there is no clear evidence on Fadeyi’s disqualification from any court sitting, hence, the report of his alleged disqualification remains speculative and unfounded,” he said.
Pantami’s Case Already Before Court
In Gombe, the case involving former Minister of Communications and Digital Economy, Prof. Isa Ali Pantami, predates the Supreme Court judgment.
A Federal High Court had nullified the PDP governorship primary that produced Pantami and ordered a fresh exercise.
The PDP has fixed Tuesday, September 29 for the fresh primary, with Pantami, Khamisu Ahmed Mailantarki and Usman Aliyu Garry cleared to participate.
Other Parties Affected
Other opposition candidates that may face compliance questions include former Inspector General of Police Adamu Idris of the SDP in Nasarawa; Abdulrahman Haske of APM in Adamawa; Senator Shehu Buba of PRP in Bauchi; Lawal Daura of APM, Seyi Makinde’s running mate; and Farouk Mustapha, APC Deputy Governorship candidate in Bauchi.
Legal experts say the emerging disputes will turn on documentary evidence – the membership registers submitted to INEC, their dates of submission, waivers granted to new members and records of how candidates emerged – rather than on the Supreme Court judgment as an automatic disqualification order.
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