APC Writes INEC, Demands Enforcement of Supreme Court Judgement On Party Membership Register

Adedayo Akinwale in Abuja

The All Progressives Congress (APC) has called on the Independent National Electoral Commission (INEC) to immediately enforce the Supreme Court judgement on party membership register and compliance with Sections 77 of the Electoral Act 2026.

It would be recalled that the Supreme Court delivered a judgement on 24 September, 2026 in INEC v Zenith Labour Party with Suit No. SC/CV/495/2026 regarding compliance with the statutory requirements governing the submission and use of political parties’ membership registers for party primaries, congresses and conventions.

In a letter dated 9th October, 2026, which was addressed to the INEC Chairman, Prof. Joash Amupitan, and signed by National Chairman, Prof. Nentawe Yilwatda and National Secretary, Sen. Ajibola Basiru, the party said INEC, as appellant in the suit, is constitutionally bound to give effect to the judgement under Section 287(1) of the 1999 Constitution.

The Supreme Court in Suit No. SC/CV/495/2026 set aside the Court of Appeal order that had nullified Section 77(5) to (7) and Section 84(2) of the Electoral Act 2026 and Activity Serial No. 2 of INEC’s Revised Timetable for the 2027 general election.

The APC said the judgement affirmed the mandatory nature of Section 77.

Section 77(4) provides that each political party shall make its membership register available to the Commission not later than 21 days before its primaries, congresses or conventions.

Also, Section 77(5) provides that only members whose names are in the register shall be eligible to vote and be voted for, while Section 77(6) prohibits use of any other register.

The governing party cited the Supreme Court’s pronouncement at page 24 that the practical effect of Section 77(7) is that a party that fails to submit its digital membership register within the prescribed period may be precluded from fielding candidates.

The ruling party noted that the objective of Section 77 is to ensure that political parties adhere to the principles of internal democracy, particularly through the fair, transparent and verifiable conduct of party primaries, congresses and conventions.

The party maintained that the court anchored its decision on Section 228(a) of the Constitution which empowers the National Assembly to make laws to ensure internal democracy, citing Ardo v Nyako (2014).

The party noted, “In the circumstances, the All Progressives Congress respectfully requests the Commission to: (i) Immediately enforce the judgment of the Supreme Court in INEC v Zenith Labour Party, Suit No. SC/CV/495/2026, delivered on 24 September 2026, in accordance with its terms and legal effect.

“Verify compliance with section 77(4) of the Electoral Act 2026 by determining whether each political party submitted its digital membership register within the statutory period of not later than 21 days before the relevant primary election, congress or convention.

“Apply the statutory consequences of non-compliance in accordance with Section 77(7) of the Act and the Supreme Court’s decision, including the exclusion of any party from fielding candidates where the statutory conditions for that consequence have been established.

“Ensure strict adherence to Sections 77(5) and 77(6) by requiring that only candidates whose names appear in the register duly submitted to the Commission are recognised as eligible to vote and be voted for in the relevant internal party election, and that no alternative register is used in place of the register submitted to INEC.

“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.”