Supreme Court judgement: Trouble for Wike’s ally Chinda, other erring candidates as INEC moves to take action next week

The Independent National Electoral Commission (INEC) is reviewing the implications of the recent Supreme Court judgment on provisions of the Electoral Act 2026 and may take action against candidates whose nominations are found to have violated the law.

The development follows the September 24 judgment in which the Supreme Court restored Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act 2026, which had earlier been voided by the Court of Appeal.

The provisions deal largely with political parties’ membership registers and the nomination of candidates for elective offices. The seven-member Supreme Court panel held that the provisions were not inconsistent with the 1999 Constitution and set aside the Court of Appeal decision.

The judgment has generated uncertainty within political parties, particularly over the status of candidates who emerged from controversial primaries or joined political parties after conducting political activities on other platforms.

Some affected candidates have argued that because the Supreme Court did not specifically name individual candidates in its judgment, INEC cannot remove or sanction them without a fresh court order.

However, a source within INEC told Daily Trust that the commission is studying the judgment and could take necessary action once its legal department determines the appropriate steps.

The source said the commission is also conscious of the limited time available before the publication of the final list of candidates for the 2027 elections.

According to INEC’s timetable, the final list of presidential and National Assembly candidates was scheduled for publication on September 12, while the final list for governorship and State House of Assembly candidates is scheduled for October 10, 2026.

The commission is therefore expected to reach a position on the matter after obtaining and reviewing the Certified True Copy (CTC) of the Supreme Court judgment.

INEC National Commissioner and Chairman of its Information and Voter Education Committee, Mohammed Haruna, confirmed that the commission was working towards obtaining the CTC before commencing a detailed review.

Haruna explained that the legal department would study the judgment once received, after which the matter would be presented to the commission for deliberation and a decision.

He also acknowledged the uncertainty surrounding the judgment, saying several issues arising from the ruling would have to be resolved before the commission could establish its position.

The Supreme Court ruling has particularly raised questions over candidates who allegedly changed political platforms or emerged through nomination processes that may not have complied with the requirements restored by the apex court.

Names mentioned in reports on candidates whose nominations could face scrutiny include former Inspector-General of Police Mohammed Adamu, former Minister of Communications and Digital Economy Isa Ali Pantami, House of Representatives member Kingsley Chinda, Senator Shehu Buba and former Federal Inland Revenue Service chairman Mohammed Nami. The affected candidates and their political parties have, however, disputed suggestions that their nominations have been invalidated.

Section 77 of the Electoral Act 2026 requires political parties to maintain a digital register of members containing details including names, sex, date of birth, address, state, local government, ward, polling unit, National Identification Number and photographs.

The law further requires political parties to make their membership registers available to INEC within the stipulated period before their primaries, congresses or conventions.

Under the restored provisions, only members whose names appear in the relevant register are eligible to vote or be voted for at party primaries, congresses and conventions, while parties are prohibited from using a different register from the one submitted to INEC.

The law also provides consequences for parties that fail to submit their membership registers within the prescribed period.

The Supreme Court’s decision has therefore placed renewed attention on compliance with the membership-register requirements and the nomination process ahead of the 2027 elections.

INEC is expected to complete its legal review after obtaining the certified judgment and subsequently determine whether any candidates or political parties require further action.

The commission’s eventual position is expected to clarify how the restored provisions will apply to nominations and primaries already conducted before the Supreme Court judgment.

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