The All Progressives Congress (APC), has called on the Independent National Electoral Commission (INEC) to immediately enforce the September 24, 2026, Supreme Court judgment in INEC v. Zenith Labour Party, which reaffirmed the validity of Section 77 of the Electoral Act 2026.
The position was conveyed in a letter dated October 9, 2026, to the INEC Chairman, co-signed by the APC National Chairman, Prof. Nentawe Yilwatda, and National Secretary, Senator Surajudeen Ajibola Basiru.
The judgment underscores the statutory requirement for political parties to submit their membership registers to INEC at least 21 days before primaries, congresses and conventions.
It also provides that only members listed in the duly submitted register are eligible to vote and be voted for in these internal party processes.
The APC urged INEC to verify compliance by all political parties and apply the statutory consequences of any established violations, without fear or favour.
“The judgment affirmed the validity of section 77 of the Electoral Act 2026 as enacted by the National Assembly, by setting aside the order of the Court of Appeal nullifying S.77(5) to (7) and S. 84(2) of the Electoral Act 2026 and Activity Serial Number Two of the INEC Revised Timetable and Schedule and Schedule of Activities for 2027 General Election as unconstitutional.
“While 77(4) provides that ‘each political party shall make such register available to the Commission not later than 21 days before the date fixed for the party primaries, congresses or conventions, section 77(5) specifically provides that only members whose names are contained in the register shall be eligible to vote and be voted for in party primaries, congresses and conventions.
“Furthermore, section 77(6) prohibits a political party from using any register other than the one submitted to the Commission for those purposes. The Court at page 24 of the judgment further explained that the practical legal effect of section 77(7) of the Act is that a political party that fails to submit its digital membership register within the prescribed period may be precluded from fielding candidates in the general election.
“This interpretation by the Supreme Court demonstrates the mandatory character of the statutory requirements and the legal consequences of non-compliance by political parties. The Court was emphatic at pages 25 — 26 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 Supreme Court also emphasised that statutory requirements governing the timely submission of membership registers, the eligibility of members to vote and be voted for, and the exclusive use of the register submitted to INEC are integral to achieving that objective.
“…In the circumstances, the All Progressives Congress respectfully requests the Commission to: 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…,” the letter reads in parts.
APC in a statement by its national publicity secretaryz Felix Morka said as Nigeria prepares for the 2027 General Election, the party emphasised that credible elections require transparent internal democratic processes and strict adherence to the rule of law.
“The APC called on INEC to act promptly to enforce the Supreme Court judgment and uphold the integrity of the electoral process,” he stated.
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