The Supreme Court’s decision to restore key provisions of the Electoral Act 2026 has raised questions about the eligibility of some politicians seeking elective offices in the 2027 general elections.
The judgment, delivered on September 24, 2026, reinstated Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act after setting aside an earlier Court of Appeal decision that had declared the provisions unconstitutional.
The restored provisions concern political party membership registers and the procedures for selecting candidates for elective positions.
Under the relevant provisions, political parties are required to submit their membership registers to the Independent National Electoral Commission (INEC) at least 21 days before their primaries, congresses or conventions. The rules also restrict participation in these exercises to eligible party members whose names appear on the submitted registers.
The ruling has prompted renewed scrutiny of candidates whose party membership, defections or nomination processes could be affected by the restored requirements.
Omo-Agege, Ochei Face Questions Over Party Defections
Former Deputy Senate President Ovie Omo-Agege and former Delta State House of Assembly Speaker Victor Ochei are among the politicians whose nominations have attracted attention following the judgment.
Both politicians moved from the All Progressives Congress to the Nigeria Democratic Congress after the APC nomination exercises and subsequently obtained senatorial tickets from the NDC.
The circumstances surrounding their party membership and the timing of their nominations have raised questions about compliance with the restored provisions of the Electoral Act.
However, the implications for their individual candidacies depend on the relevant facts and the application of the law to their respective nomination processes.
Chinda’s APC Governorship Ticket Under Scrutiny
Kingsley Chinda, the APC governorship candidate in Rivers State, has also attracted attention because of questions surrounding his movement from the Peoples Democratic Party to the APC around the nomination period.
Chinda emerged as the APC candidate on May 21, 2026. The issue raised by the ruling concerns whether his membership status and inclusion in the party’s register complied with the legal requirements applicable before the primary.
The outcome of any review would depend on the party’s membership records and the circumstances of his nomination.
Pantami’s Gombe Governorship Candidacy Raises Questions
Former Minister of Communications and Digital Economy Isa Pantami, who emerged as the Peoples Democratic Party’s governorship candidate in Gombe State, is another politician whose nomination has attracted scrutiny.
Questions have been raised about the timing of his movement from the APC to the PDP and the subsequent process through which he secured the PDP ticket.
Pantami’s initial nomination was challenged in court, resulting in an order for a fresh primary, which he later won. The legal implications of the Supreme Court judgment for his candidacy will depend on how the restored provisions apply to the facts of his case.
Donald Duke’s PRP Nomination Also Draws Attention
Former Cross River State governor Donald Duke, the presidential candidate of the Peoples Redemption Party, has also featured in discussions about the judgment.
Duke joined the PRP shortly before its presidential primary, prompting a rival to challenge his nomination over an allegation that he was not listed in the party’s membership register submitted to INEC before the exercise.
However, the Federal High Court dismissed the challenge on September 30, 2026, citing grounds that included the case being statute-barred and the failure to prove the claim.
His case illustrates why the circumstances and legal history of each nomination must be considered separately rather than assuming that the Supreme Court ruling automatically invalidates every candidacy under scrutiny.
Other Candidates Mentioned in the Dispute
Other politicians whose nominations have attracted questions include Muhammad Nami, the PDP governorship candidate in Niger State, and Mohammed Abubakar Adamu, a former Inspector-General of Police who is the Social Democratic Party’s governorship candidate in Nasarawa State.
The extent to which the restored provisions affect these and other candidates remains dependent on their individual circumstances and the outcome of any relevant legal or electoral review.
INEC Review Expected to Clarify Candidates’ Status
The Independent National Electoral Commission has received complaints and representations concerning the implications of the Supreme Court judgment.
The commission has been reviewing the certified true copy of the judgment to determine the appropriate steps under the law as political parties prepare for the 2027 elections.
The House of Representatives Committee on Electoral Matters has also called on INEC to examine candidates’ nominations and verify compliance with the membership-register requirements.
Although the ruling has created uncertainty for some candidates, the Supreme Court did not specifically name or disqualify the politicians mentioned in the ongoing debate.
Their individual eligibility will depend on the applicable legal provisions, the records of their respective political parties and any decisions made by the relevant authorities or courts.
