APC Calls on INEC to Enforce Section 77 of Electoral Act

The All Progressives Congress (APC) has urged the Independent National Electoral Commission (INEC) to enforce a Supreme Court judgment on political parties’ membership registers and compliance with Section 77 of the Electoral Act 2026.

In a letter dated 9 October 2026, the party asked INEC to implement the judgment delivered on 24 September 2026 in INEC v Zenith Labour Party, Suit No. SC/CV/495/2026.

The letter, addressed to INEC Chairman, Prof. Joash Amupitan, was signed by APC National Chairman, Prof. Nentawe Yilwatda, and National Secretary, Senator Ajibola Basiru.

The party argued that INEC, as the appellant in the case, was constitutionally required to enforce the ruling under Section 287(1) of the 1999 Constitution.

The Supreme Court overturned 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 judgment upheld the mandatory requirements of Section 77(4), which directs political parties to submit their membership registers to INEC at least 21 days before their primaries, congresses or conventions.

Section 77(5) stipulates that only members whose names appear on the submitted register are eligible to vote and be voted for, while Section 77(6) prohibits political parties from using alternative registers.

The APC also cited the Supreme Court’s observation on page 24 of its judgment that a party that fails to submit its digital membership register within the prescribed period may be barred from fielding candidates under Section 77(7).

The party said Section 77 seeks to promote internal democracy by ensuring that political parties conduct their primaries, congresses and conventions fairly, transparently and verifiably.

It added that the Supreme Court based its decision on Section 228(a) of the Constitution, which empowers the National Assembly to enact laws promoting internal democracy. The party also cited the 2014 case of Ardo v Nyako.

In its letter, the APC requested that INEC immediately enforce the judgment and verify whether political parties had submitted their digital membership registers within the statutory deadline.

It also urged the commission to apply the consequences of non-compliance under Section 77(7), including excluding parties from fielding candidates where the legal conditions for such action had been established.

The party further called on INEC to ensure that only members listed in the duly submitted registers could vote or be voted for in internal party elections and that no alternative register replaced the one submitted to the commission.

The APC maintained that compliance with Section 77 was a legal obligation rather than a matter of discretion.

“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.

“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.

“We, therefore, urge the Commission to act expeditiously and decisively, in strict conformity with the provisions of the Electoral Act 2026, the Constitution of the Federal Republic of Nigeria 1999 (as amended), and the judgment of the Supreme Court, which must be enforced in any part of the Federation by all authorities and persons, to ensure that the statutory regime governing party membership registers is effectively implemented”, the party noted.