Guber candidates disqualification: INEC cites Supreme Court judgment on party registers

By Segun Adebayo

Citing a binding Supreme Court judgment, the Independent National Electoral Commission (INEC) clarified the exclusion of select candidates from the 2027 governorship election final roster.

The ruling mandates that political parties submit their verified membership registers prior to primary elections as a prerequisite for candidate inclusion.

The clarification follows the controversy generated by the omission of some candidates from the final list, with the commission maintaining that its decision was based on the need to comply with the law and the apex court’s interpretation of the Electoral Act, 2026.

In a press statement issued on Tuesday, October 13, and signed by Mohammed Kudu Haruna, National Commissioner and Chairman of INEC’s Information and Voter Education Committee, a copy of which was obtained by PerSecondNews, the commission said it applied the Supreme Court’s decision in determining which political parties were eligible to field candidates for the governorship election.

INEC specifically referred to the Supreme Court judgment in INEC v. Zenith Labour Party, Appeal No. SC/CV/495/2026, delivered on September 24, 2026.

According to the commission, the case arose from its appeal against a Court of Appeal judgment that had nullified provisions of Section 77(5)–(7) of the Electoral Act, 2026, which require political parties to submit their membership registers as a prerequisite for conducting valid party primaries.

The Supreme Court, however, upheld the constitutionality of the disputed provisions, ruling that compliance with the membership register requirement was mandatory for all political parties.

INEC said the apex court also upheld Item 2 of its timetable and schedule of activities for the 2027 elections, which required political parties to submit their membership registers between April 21 and May 10, 2026.

The commission stressed that the court’s decision went beyond affirming the validity of the submission requirement, noting that failure to comply with the relevant provisions renders a defaulting political party ineligible to sponsor candidates for the election.

“In accordance with Section 287(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the Commission, while finalizing the list of candidates for the Governorship election applied the above decision of the Supreme Court and excluded political parties that failed to comply with Section 77(5)-(7) of the Electoral Act, 2026, in relation to fielding of candidates,” the statement read.

The clarification places the submission of party membership registers at the centre of the controversy surrounding the final governorship candidates’ list, as INEC maintains that political parties that failed to meet the statutory requirement could not sponsor candidates under the court’s interpretation of the law.

The development also raises questions about the implications of the judgment for parties whose candidates have been affected by the commission’s decision, particularly where party primaries and other preparatory activities had already taken place before the Supreme Court delivered its ruling.

INEC, however, distinguished the governorship candidates’ list from the lists already published for the presidential and National Assembly elections, explaining that the latter had been released before the Supreme Court judgment.

“The final list of Presidential and National Assembly candidates had already been published on 12th September, 2026, thirteen days before the Supreme Court delivered its judgement,” the commission stated.

The timing is significant because the September 12 publication preceded the September 24 judgment, whereas the commission said it applied the ruling while finalising the governorship candidates’ list.

INEC also drew attention to the procedure available to political parties that believe their candidates were wrongly omitted, pointing to Section 32(2) of the Electoral Act, 2026.

Under the provision cited by the commission, political parties have 14 days from the date of publication of the list to notify INEC if they believe a candidate has been wrongly excluded.

The commission consequently fixed October 24, 2026, as the deadline for affected political parties to submit their notifications.

The deadline provides a statutory window for parties to bring alleged errors in the publication of candidates’ names to the commission’s attention, although INEC’s statement did not indicate that the clarification itself amounted to a reversal of any omission.

Reaffirming its position, the electoral body said it remained committed to transparency, the rule of law and the credibility of the electoral process.

The controversy comes as political parties prepare for the 2027 general elections, with the dispute highlighting the legal and administrative consequences of compliance with electoral requirements before candidates can be formally recognised by the electoral commission.

INEC’s position is that the exclusion of the affected governorship candidates was not an arbitrary administrative decision but an application of the Supreme Court’s judgment and the relevant provisions of the Electoral Act, 2026.