Nigerian Concord Newspaper
The Independent National Electoral Commission may today announce its decision over last week’s judgment on if the Supreme Court which returned its control over party registers.
According to findings, the fate of those candidates who were affected by the judgement may be pronounced at today’s INEC/Stakeholders meeting where it’s expected to clarify their fate after Supreme Court restored INEC powers.
The apex court in late September unanimously overturned Court of Appeal July 16 judgment that voided Sections 77(5),77(6),77(7),84(2) of Electoral Act 2026. Panel led by Justice Adamu Jauro held sections constitutional, restored Federal High Court position, affirmed INEC power to supervise parties.
What restored sections say:
• 77(5): only members on register submitted to INEC 21 days before primary/congress/convention can participate
• 77(6): only submitted register must be used
• 77(7): party failing to submit on time cannot field candidates
• 84(2): nominations via direct primary or consensus
Appeal Court had ruled sections breached party autonomy under Sections 222,223. INEC appealed.
During period Appeal Court ruling held, many losers defected and picked tickets elsewhere. That window closed, putting those processes in legal doubt.
Names under scrutiny: Damian Adagba (governorship) who left the All Progressive Congress on September 11 and joined the Allied People’s Movement the same day, Terhemba Shija who joined NDC on August 2 which was two months after the INEC deadline for the submission of party registers, Ovie Omo-Agege (APC to NDC), Donald Duke (PRP presidential), ex-IGP Abubakar Adamu (APC to SDP govship), Kingsley Chinda (PDP to APC Rivers govship), Isa Pantami (APC to PDP Gombe govship), Peter Obi and Rabiu Kwankwaso (ADC to NDC presidential ticket, defection close to register deadline).
Legal views split: Dr Liborous Oshioma says ruling disqualifies those not on register 21 days before primary, INEC can enforce by checking registers. SAN Dr Monday Ubani says no automatic disqualification, fair hearing under Sec 36 Constitution required.
Already courts applying: Federal High Court Gombe nullified APC primary over 21-day rule breach. More suits against NDC, APC, PDP candidates pending.
INEC to address at 10am, Bola Ahmed Tinubu International Conference Centre, Abuja, with world press conference, voter register, nominations, logistics, integrity. CPS Adedayo Oketola announced. Chairman Prof Joash Amupitan to speak.
Invitees: party leaders, ICCES security agencies, diplomats, development partners, CSOs, observers, disability advocates, religious/traditional leaders, youth groups, media executives. Live on TV and INEC platforms, by invitation.