APC writes INEC, seeks immediate enforcement of Supreme Court in INEC vs ZLP

By Jude Opara

The All Progressives Congress (APC) has transmitted a letter to the Independent National Electoral Commission (INEC) demanding immediate enforcement of the Supreme Court judgement in the suit, INEC vs Zenith Labour Party (ZLP) delivered on the 24th of September, 2026.

In the letter jointly signed by the National Chairman of the APC, Prof. Nantawe Yilwatda and the National Secretary, Sen. Surajudeen Ajibola Basiru, the party said the demand is in line with the provisions of Section 77 of the Electoral Act 2026.

The ruling party added that the there is an urgent need to comply with the ruling in the Suit No. SC/CV/495/2026, as it concerns statutory requirements governing the submission and use of political parties’ membership registers for party primaries, congresses and conventions.

“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 APC equally argued that the APC court was clear in concluding that the eligibility of members to vote and be voted for and the use of the membership register are all statutory requirements governing and timely submission of the register.

“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 reaching this conclusion, the Supreme Court relied on section 228(a) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), which empowers the National Assembly to make laws prescribing guidelines and rules to ensure internal democracy within political parties, including laws regulating the conduct of party primaries, congresses and conventions.

“It correctly referred to and relied on Ardo v Nyako(2014) 10 NWLR (Pt.1416) 591 at 620 in which it held that – The power donated to the National Assembly in section 228 of the Constitution is to make laws which provides guidelines and rules to ensure internal democracy within political parties and this includes making laws for the conduct of party primaries, party congresses and party conventions”.

According to the ruling party, while the power to nominate candidates for elections rests on the political parties, the law still stipulates that the parties must have to hold either a direct or indirect primary elections.

“The power to nominate candidates for election still resides with the political parties, but the procedure for the nomination is not left to the whims and caprices of party officials. The parties must hold either direct or indirect primaries for the aspirants to all elective positions.

“Significantly, at page 34 of the judgment, the Supreme Court observed that political parties were afforded sufficient time by the Commission, in accordance with section 77(4) of the Electoral Act 2026, to submit their digital membership registers to the Commission.

“Therefore, there is no justifiable reason for any political party to breach the deadline imposed by law. The constitutional basis for enforcement is further established by section 287(1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), which provides that: “The decisions of the Supreme Court shall be enforced in any part of the Federation by all authorities and persons, and by courts with subordinate jurisdiction to that of the Supreme Court.”

The APC states that since INEC was even the appellant in the suit, it is directly bound and affected by the judgement of the Supreme Court.

“In the circumstances, the All Progressives Congress respectfully requests the Commission to: (i) 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.

“Ensure strict adherence to sections 77(5) and 77(6) by requiring that only candidates whose names appear in the register duly submitted to the Commission are recognised as eligible to vote and be voted for in the relevant internal party election, and that no alternative register is used in place of the register submitted to INEC.

“As a political party, we insist that compliance with section 77 of the Electoral Act 2026 is not a matter of discretion but a statutory obligation whose interpretation has been authoritatively addressed by the Supreme Court. Allowing political parties to disregard the prescribed statutory requirements without the application of the consequences stipulated by law would undermine the objectives of internal party democracy, electoral transparency and the rule of law.

“We therefore urge the Commission to act expeditiously and decisively, in strict conformity with the provisions of the Electoral Act 2026, the Constitution of the Federal Republic of Nigeria 1999 (as amended), and the judgment of the Supreme Court, which must be enforced in any part of the Federation by all authorities and persons, to ensure that the statutory regime governing party membership registers is effectively implemented”, the letter stated.