Despite new concerns about party membership lists and candidate selection following a Supreme Court decision, the Senate has decided not to revisit the Electoral Act 2026 before the 2027 elections. Senator Yemi Adaramodu, Chair of the Senate Committee on Media and Public Affairs, stated that the National Assembly has finalized the electoral law and will not change it while parties prepare for the upcoming polls.
In a recent interview, Adaramodu clarified that any changes to the electoral law would only be considered after the 2027 elections. His comments follow a Supreme Court ruling that overturned a July decision by the Court of Appeal, which had deemed certain sections of the Electoral Act 2026 unconstitutional.
Supreme Court Decision
A seven-judge panel of the Supreme Court unanimously reinstated provisions governing political party membership lists and candidate nomination processes. The ruling also overturned the Court of Appeal’s rejection of parts of the Independent National Electoral Commission’s (INEC) timetable for the 2027 elections.
The Court of Appeal had invalidated these provisions after a lawsuit by the Zenith Labour Party, which argued that the requirements unconstitutionally interfered with party internal affairs. The Supreme Court, however, rejected this view, upholding the Electoral Act’s authority to regulate membership lists and nomination methods.
Senate’s Position
Adaramodu noted that the legislative process has been completed and the law has been enacted. We will only consider revisions after the elections if there is a need or demand for amendments,” he said.
Adaramodu cautioned that reopening the legislation now would disrupt ongoing election preparations. Changing the rules mid-process would be like moving the goalposts during a game. We will not do that,” he added.
The Supreme Court’s decision has reignited discussions about enforcing the reinstated provisions, particularly for candidates whose membership records, waivers, or nomination processes may face legal challenges. Sections 77(5), 77(6), and 77(7) of the Act govern party membership lists, limiting participation in primaries, congresses, and conventions to members listed in the register submitted to INEC.
Section 84(2) outlines direct primaries and consensus as valid methods for parties to nominate candidates. The Senate’s refusal to amend the Electoral Act before 2027 provides clarity on the rules governing the upcoming elections.
