Parties Must Submit Registers 21 Days Before Primaries – SAN

A Senior Advocate of Nigeria, Oba Maduabuchi, has said political parties must submit their membership registers to the Independent National Electoral Commission at least 21 days before conducting primaries, congresses or conventions.

Maduabuchi stated this during an interview with ARISE NEWS on Monday while discussing the Supreme Court’s September 24 judgment on provisions of the Electoral Act 2026.

The Supreme Court, in a unanimous decision by a seven-member panel, set aside an earlier Court of Appeal judgment and restored provisions relating to political party membership registers and the nomination of candidates.

Under the restored provisions, only members whose names appear on a party’s membership register submitted to INEC at least 21 days before a primary, congress or convention can participate in the exercise.

Describing the Supreme Court’s decision as “perfect,” Maduabuchi said the ruling affirmed INEC’s constitutional authority to organise, undertake and supervise elections.

He rejected claims that the requirement amounted to interference in the internal affairs of political parties, saying parties remained responsible for determining their membership while INEC only needed the registers to establish who was eligible to participate in primaries.

Maduabuchi also said parties remained free to determine how their candidates would emerge, including through direct primaries or consensus, provided they complied with the law. He added that direct primaries could help reduce the influence of money in party politics.

On the possible impact of the judgment on politicians who had already conducted their primaries, he said the applicable law would depend on the circumstances surrounding each case and the law in force when the primaries were held.

Maduabuchi declined to determine whether politicians including Chinda and Peter Obi would be affected, saying he had not seen the relevant party registers or established when they were submitted to INEC.

He also dismissed concerns that the 21-day requirement was a new development, noting that political parties had been aware of the provision and that the issue of giving INEC advance notice had featured in previous electoral disputes.