Our Reporter
Ahead of the 2027 general elections, the Supreme Court’s decision affirming the validity of sections 77 and 84 of the Electoral Act, 2026 (as amended) on eligibility to contest in primary elections, has ushered in a fresh wave of uncertainties about the political office seekers.
The apex court, on Thursday upheld the appeal by the Independent National Electoral Commission in a case by the Zenith Labour Party (ZLP) challenging provisions of the electoral act, which it contended were inconsistent with the 1999 Constitution.
The contention lies on the provisions at the centre of the dispute include sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act, 2026.
Sections 77(5), 77(6) and 77(7) are based on the statutory requirements relating to political parties’ membership registers, while section 84(2) prescribes direct primaries or consensus as methods for the nomination of candidates by political parties.
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At the trial court, the ZLP argued that the provisions conflicted with the 1999 Constitution and amounted to unconstitutional interference in the internal affairs of political parties.
The Federal High Court, presided over by Justice Mohammed Umar, in a judgement delivered on May 5, 2026, dismissed the party’s action.
Dissatisfied with the judgement, the ZLP approached the Court of Appeal, Abuja division in appeal marked: CA/ABJ/CV/750/2026.
The Court of Appeal, in its judgement delivered on July 16, 2026, allowed the appeal in part and voided provisions of the Electoral Act relating to party primaries and membership registers.
The appellate court’s decision prompted INEC to approach the Supreme Court, according to the commission’s brief of argument.
After the hearing of the appeal and arguments from both parties last week, a seven-man panel of the apex court, presided over by Justice Adamu Jauro, reserved its judgement.
However, delivering its judgement, the apex court ruled in favour of the electoral umpire and set aside the Court of Appeal judgement, which was in favour of ZLP.
The apex court, while upholding the judgement of the trial court, awarded N2 million against the respondent, ZLP.
Also, the court in two other judgements, dismissed two separate appeals filed by the Social Democratic Party and Youth Party filed against INEC.
The SDP and YP were the appellants in that case. The two political parties filed appeals to challenge the decisions of the Court of Appeal in their case.
In the SDP versus INEC, the appeal was heard on its merit and was accordingly dismissed by the court.
In the Youth Party’s appeal, the preliminary objection filed by INEC was upheld and the appeal was struck out for being incompetent.
The apex court described the appeal as invalid and incompetent, having been filed out of time by one day.
Since the judgement, the political atmosphere became charged with various parties and individuals giving it different interpretations.
While some were happy that it had foreclosed the chances of their opponents, those seen to appear as likely casualties of the judgement were adamant, saying it has nothing to do with their plans.
Our correspondents report that among those being speculated to feel the impact of the judgement are those seen to have defected to other parties after contesting previously on other platforms.
Attempts to get the reactions of INEC were not successful, but analysts said none was sure of who would be affected as the two judgements could be given different interpretations.
Those that defected from their previous platforms and successfully won the tickets of the parties they defected to include ex-IGP Mohammed Adamu, who contested the governorship election of his state in Nasarawa and after losing in the APC primaries defected to the Social Democratic Party to clinch the ticket.
Sheik Isa Pantami of Gombe State, who disagreed with the process of the primary elections in the APC and joined the Peoples Democratic Party (PDP) to emerge as its governorship candidate.
Kingsley Chinda in Rivers State was also said to have joined the APC after defecting from the PDP, where he held the position of the minority leader of the House of Representatives.
Others are Shehu Buba in Bauchi State, who defected to the Peoples Redemption Party (PRP) and secured the party’s ticket, Mohammed Nami in Niger State, as well as Senator Saliu Mustapha in Kwara, who was denied the governorship ticket in the state and later moved to the PDP to clinch the ticket.
Our correspondents reflect the mood at the states involving the candidates feared would be affected.
Ishaku Abbo, Haske ambitions doubtful in Adamawa
In Adamawa State, the Labour party has reacted to the recent Supreme Court judgement upholding the provisions of the electoral act.
The state chairman of the Labour Party, Theman Jonah Kalpenge, disclosed the position in a phone interview with Weekend Trust in Yola on Friday stressing that the party’s governorship candidate for the 2027 election, Senator Abbo, has no issue about the judgement.
Kalpenge emphasized that Abbo registered with the party in April 2026 while the party had its primary elections on May 30, which confirmed that he is eligible to contest the 2027 election.
The senator was in the ruling APC before cross-carpeting to African Democratic Congress and abandoned the two political platforms on the claim of lack of internal democracy and impunity, then finally settled in the Labour Party, where he clinched the gubernatorial ticket.
Similarly, the gubernatorial candidate of the Allied People’s Movement (APM), Abdulrahaman Bashir Haske, is viewed by political pundits in the state to be facing a serious challenge, emphasizing that the Supreme Court judgement has caught up with his governorship ambition.
Bashir Haske, who is 35 years old and a business tycoon, joined the APC at the beginning of his political voyage in 2025 and partook in the party’s primary election in May 2026 but couldn’t get the ticket to fly the party’s flag in the forthcoming 2027 polls.
He expressed dissatisfaction with the way and manner the APC primary election was conducted, accusing the party of injustice; hence he decided to resign his membership of the party on August 20, 2026.
To pursue his gubernatorial ambition, Haske joined the APM in the same August 2026, where the former governorship candidate, Bello Babajo, stepped down for him; thus he became the gubernatorial candidate through affirmation before the party’s members and stakeholders in September.
When contacted in a phone interview on the development, the state chairman of the APM, Bello Babajo, said he was not ready to comment on the matter.
A media consultant to Haske, Mukhtar, when called on his verified phone number, also declined to say anything about the matter, insisting that they would not make any statement for now.
Verdict can’t have retroactive effect – Sen Buba
The Peoples Redemption Party governorship candidate for Bauchi State, Senator Shehu Buba Umar, while reacting to the judgement, dismissed reports suggesting that Thursday’s Supreme Court judgement could affect his eligibility to contest the 2027 election.
Speaking through his special adviser on media and communication, Comrade Sabo Mohammed, Senator Buba explained that he had complied fully with all applicable provisions of the electoral law and remained steadfast in his ambition to run in the Bauchi State governorship election.
Reacting to what he described as misleading interpretations circulating on the social media, Senator Buba said: “My attention has been drawn to misleading publications, particularly on the social media regarding the judgement delivered by the Supreme Court on Thursday, September 24, 2026.”
Buba further explained that the legal position established by the judgement along with INEC’s authority to issue guidelines for the 2027 electoral process took effect on September 24, 2026.
However, he emphasized that all key electoral activities completed prior to the ruling (including the submission of party membership registers, the conduct of primaries, and the nomination of candidates) were carried out under the legal and regulatory framework in effect at that time.
He maintained that the judgement must not be applied retroactively to invalidate electoral processes and actions that were lawfully concluded, saying the principle of non-retroactivity is critical when interpreting the effect of this judgement, especially where political parties and candidates had already complied with prescribed requirements in reliance on the prevailing legal framework.
Buba noted that while the Supreme Court judgement applied broadly to interpretations of the Electoral Act, its practical application to the current election cycle must account for activities already completed under the previous rules, emphasizing that he had satisfied all statutory requirements for his candidacy and saw no basis for claims that the judgement invalidates his governorship bid.
“Our ambition to clinch the governorship of Bauchi State remains firmly on course. By the special grace of the Almighty Allah (SWT), there is no going back,” he said
The lawmaker expressed confidence that INEC would issue clear guidelines regarding the Supreme Court judgement’s general application and its implications for political parties and candidates.
He urged his supporters, party members and well-wishers across Bauchi State to remain calm and disregard interpretations intended to create confusion surrounding his candidacy.
Buba further stated that he had directed his legal team to thoroughly review the judgement and provide further guidance as the electoral process progressed.
He reaffirmed his commitment to his campaign and continued engagement with stakeholders across Bauchi State ahead of the 2027 elections.
He added that INEC’s official 2027 election schedule confirmed that the commission commenced the electoral process well before the September 2026 ruling, including activities related to party membership registers and candidate primaries.
In Nasarawa, ex-IGP Adamu, Wadada supporters differ
The judgement has generated reactions in Nasarawa State, particularly between supporters of Adamu and those of the All Progressives Congress governorship candidate, Ahmed Aliyu Wadada.
While supporters of Wadada took to their social media handles celebrating on the basis that Adamu, who joined the SDP after participating in the APC primary, would not be on the ballot, Adamu’s supporters maintain that the judgement has nothing to do with his aspiration.
In a press statement issued on Thursday in Lafia, the director of digital media and strategic communications of the IGP Mohammed Abubakar Adamu Campaign Organisation, High Chief Otaru Douglas said there was no cause for alarm.
Douglas said the organisation had noted deliberate misinterpretation and premature jubilation by elements of the APC in the state over the judgement.
“For the avoidance of doubt, we wish to state categorically that the Supreme Court in SC/CR/495/2026 merely restored and validated the constitutionality of sections 77(5), (6), (7) and 84(2) of the Electoral Act, 2026 after the Court of Appeal had declared them unconstitutional,” he said.
According to him, the apex court affirmed that section 77(5) requires that only persons whose names are in the membership register submitted to INEC not later than 21 days before primaries are eligible to vote, section 77(6) prohibits use of any other register, section 77(7) provides consequences for failure to submit within time, and section 84(2) prescribes direct primaries or consensus.
“The judgement is a general affirmation of INEC’s regulatory powers over party membership registers. It is not a judgement against the Social Democratic Party, nor against IGP Mohammed Abubakar Adamu (retd),” he added.
He described the claim by the APC that Adamu has been disqualified as false, mischievous and desperate, noting that no court has invalidated the membership register of the SDP, no court has invalidated the direct primary that produced Adamu, and no court has ordered INEC to delist him.
“The Certified True Copy of the judgement has not even been released, yet they are already manufacturing victory,” Douglas said.
He said the Supreme Court and INEC were aware of sections 77 and 84 and constitutional safeguards in sections 40 and 221 of the 1999 Constitution guaranteeing freedom of association, adding that the SDP complied substantially with the Electoral Act and its membership register was duly compiled and submitted within the contemplation of the law.
“Our nomination process followed section 84(2) strictly by direct primary monitored by INEC. To this end, the candidacy of IGP Adamu, CFR, is valid, lawful and remains on the ballot,” he said.
He called on supporters, stakeholders, ward and local government coordinators and party members to remain calm and not be distracted.
Rivers: Chinda, Abiante’s fate hanging
With the recent decision by the Supreme Court, the hopes of the governorship candidate of the All Progressives Congress (APC), Kingsley Chinda and the Nigeria Democratic Congress (NDC) senatorial candidate in Rivers South-East, Awaji-Inombek Dagomie Abiante, may be hanging.
Chinda, who was until June a minority leader in the House of Representatives, had won the governorship primary of the APC on May 21, 2026 after Governor Siminalayi Fubara withdrew from the contest.
Although it is uncertain if he had registered with the APC prior to the primary or his name was captured in the register of the party, his resignation letter from the PDP was read in the floor of the National Assembly on June 2, 2026.
Supporters of the opposition political parties in Rivers State are already jubilating about the Supreme Court judgement, hoping it has automatically disqualified Chinda from the 2027 governorship election.
Similarly, the candidate of the NDC in Rivers South-East and member representing Andoni-Opobo/Nkoro federal constituency in the House of Representatives, Awaji-Inombek Dagomie Abiante, may also be affected from the Supreme court judgement, having bought the APC form to contest the House of Representatives primary.
Abiante was disqualified from participating in the last APC primaries before joining the NDC.
He was among the supporters who bought the expression of interest form for Governor Fubara to seek re-election on June, but the governor later withdrew from the contest.
The lawmaker used to be the close ally of Governor Fubara, who also bought the APC form for the governorship to seek re-election.
In a similar development, a senior lawyer who spoke with our correspondent refused to disclose his name.
He implied that the landmark Supreme Court verdict delivered on Thursday, 24 September 2026, has exposed a fatal, multi layered legal blindness in Nyesom Wike’s strategy room.
‘‘What this means is that, it has effectively turned the gubernatorial ticket of Rt. Hon. Kingsley Ogundu Chinda into a sinking ship.
‘‘For all his reputation as a master political executioner who commands national television and strategic boardrooms from Port Harcourt to Abuja to Malaga, Spain, Wike committed a massive, career defining oversight.
‘‘Wike assumed that political leverage in Abuja and his political relationship with the President could override the digital and statutory timeframes of the electoral umpire.
Wike pushed Chinda to execute a delayed, clumsy defection that allegedly violated the strict boundaries of the Electoral Act, 2026.
‘‘By doing that, Wike walked his preferred candidate directly into a legal trap that cannot be settled by back channel political favors,’’ he added.
Kwara: ADC, PDP insist their candidates not affected
In Kwara, candidates like Senator Saliu Mustapha, Kolo Jiya and Saheed Popoola are among those mentioned in the political circles since the Supreme Court judgement.
Speaking on the issue, the Kwara State publicity secretary of the Peoples Democratic Party, Olusegun Olushola Adewara, said the party had no connection with the Supreme Court case and was not challenging the Independent National Electoral Commission over its published candidate list.
Adewara said INEC had already published the PDP’s list of candidates, adding that the document remained open to the public for scrutiny and record purposes.
He insists the power to nominate candidates rests exclusively with political parties, provided such nominations are made in compliance with the constitution and the electoral act.
He specifically rejected suggestions that the Supreme Court judgement had created a problem for Senator Saliu Mustapha, who is the PDP candidate for Kwara Central and other candidates.
Adewara explained that Mustapha did not participate in the party’s earlier primary but became a candidate after the initial nomination of Otukoko, an engineer, was withdrawn.
The spokesman said one of the procedures required new members seeking to participate in the primary to obtain a waiver from the appropriate party structure, adding that the requirement was fulfilled in the cases of Mustapha and Kolo Jiya, the PDP candidate in Kwara North.
He said the same arrangement applied to two House of Assembly members who defected to the PDP and were also granted waivers before participating in the party’s primaries.
Adewara argued that once the waivers had been granted, the beneficiaries became full members of the party and were entitled to participate in its primaries.
He, therefore, questioned how the Supreme Court judgement could be said to have created a problem for the PDP in Kwara, when, according to him, the party had followed all the prescribed procedures.
He further argued that the electoral act had narrowed the circumstances under which a party’s nomination could be challenged, particularly where the person challenging the nomination did not participate in the relevant primary.
“Have you seen anybody from Kwara Central who participated in the senatorial primary challenging Saliu Mustapha in court?” he asked.
Adewara said that in the absence of such a challenge from a participant in the primary, claims that Mustapha’s candidacy had been affected amounted to political propaganda.
The Kwara State chairman of the African Democratic Congress (ADC), Babatunde Mohammed, said the Supreme Court judgement would not affect the party’s candidates, insisting that none of the new members who joined the party participated in its primaries.
Mohammed said all the candidates who emerged from the ADC primaries were eligible to contest the 2027 elections.
Pantami: PDP reviewing verdict – Official
The Peoples Democratic Party in Gombe State has declared that Professor Isa Ali Pantami is eligible to contest its governorship ticket.
The party said Pantami, alongside Khamisu Ahmed Mailantarki and Usman Aliyu Garry, had been cleared to contest the rescheduled primary election slated for Tuesday, September 29.
The state publicity secretary of the party, Abdulkadir Ahmed Dukku, told Weekend Trust that three aspirants were cleared following the nullification of the May 26 primary by a Federal High Court sitting in Gombe.
Our correspondent reports that a Federal High Court sitting in Gombe had on Thursday, September 24 nullified the governorship primary earlier conducted by the party and ordered a rerun within one month.
Following the nullification, the party said it received the judgement in good faith and respected the decision of the court, welcoming the aspect of the judgement that validated the membership and entry procedures of Prof Pantami into the PDP and his participation in the May 2026 primary bid.
“The judgement is presently receiving the attention of the party leadership and contestants. While the legal implications and directives contained in the judgement are being studied, we urge all members, supporters and stakeholders of our great party in Gombe State to remain calm, peaceful and united,” Dukku said.
He advised party members to refrain from speculation and inflammatory statements capable of creating tension, assuring that the party would take all the necessary steps within the law to protect its interest and preserve its democratic integrity.
Iyabo Obasanjo insists path is clear
In Ogun State, there are concerns that the Ogun Central Senatorial Candidate of the Peoples Democratic Party (PDP), Senator Iyabo Obasanjo’s ambition may be affected by the Supreme Court judgement on Thursday.
Obasanjo resigned from the APC in a letter dated May 31, 2026, addressed to the Ogun State APC Chairman, Chief Yemi Sanusi, after losing the party’s governorship ticket to Senator Solomon Adeola.
She cited what she described as persistent disrespect, rejection and unfair treatment within the APC, as well as her disagreement with the consensus process that produced Adeola as the party’s governorship candidate.
She subsequently returned to the PDP on June 15, 2026, and was formally received by the party in Ogun State.
Two days later, on June 17, the Ogun PDP leadership presented her with the party’s flag and announced her as its candidate for the Ogun Central Senatorial District.
The 59-year-old Obasanjo said she was treated like a child in the ruling APC, hence her decision to dump the party and return to the PDP.
But her Media aide, Dr Odun Agbalajobi said Obasanjo’s candidacy remains intact despite the judgement.
According to Agbalajobi, Obasanjo was not a party to the case and the Supreme Court judgment did not name her or issue an order expressly disqualifying her from contesting the Ogun Central seat.
“It is therefore both mischievous and intellectually dishonest to transform a judgment in a dispute between INEC and a political party into a purported judicial pronouncement against a particular candidate who was neither a party to the suit nor the subject of the judgment,” he said.
The aide argued that there was a distinction between the Supreme Court’s interpretation of general electoral requirements and a specific judicial determination that a particular candidate was ineligible to contest an election.
He said no such determination was made against Obasanjo in the September 24 judgment.
Yobe: Parties not worried
The Peoples Democratic Party, African Democratic Congress and the All Progressives Congress in Yobe State, said the Supreme Court judgement on political party membership registers and primaries would not affect their candidates for the 2027 governorship and National Assembly elections, adding that there’s no reason to be concerned.
A senior PDP leader in the state who spoke on condition of anonymity said: “In Yobe, the PDP is divided into two factions: the Wike faction and the Tanimu Turaki faction.
At the moment, all the candidates produced by the Wike faction are already members of the party.
“As things stand, the electoral commission and the court recognised the Wike faction. This means that the PDP faction led by Tanimu Turaki has become mere spectators.
They have not left the party but they do not have recognition from INEC or the court,” he said.
Similarly, the Yobe State chairman of the ADC, Umar Kalli Alhaji, said the judgement would not affect the party’s candidates.
