Reported by: Ijeoma G | Edited by: Oravbiere Osayomore Promise.
Human rights lawyer and political commentator Deji Adeyanju has called on the Independent National Electoral Commission to immediately comply with the recent Supreme Court judgment on the Electoral Act 2026, demanding that the commission remove from its official portal the names of candidates affected by the ruling. In a statement issued on Monday, September 28, 2026, Adeyanju said INEC was constitutionally obligated to enforce the Supreme Court's decision in line with Section 287(1) of the 1999 Constitution, as amended, which requires all authorities and persons to give effect to the decisions of the apex court. "The names of all candidates affected by the judgment should be removed from INEC's official portal as part of the steps required to give effect to the Supreme Court's decision," he said.
The controversy stems from the Supreme Court's judgment delivered on Thursday, September 24, 2026, in which a seven-member panel led by Justice Adamu Jauro unanimously allowed INEC's appeal and restored Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act 2026. The Court of Appeal had earlier, on July 16, 2026, voided the provisions following a challenge by the Zenith Labour Party, which argued that they conflicted with the 1999 Constitution by interfering in the internal affairs of political parties. The Supreme Court set aside the appellate court's ruling, holding that the provisions were not inconsistent with the Constitution, and awarded N2 million in costs against the ZLP. In separate judgments, the court also dismissed appeals filed by the Social Democratic Party and the Youth Party.
The restored provisions have significant implications for the 2027 general elections. Under Section 77(5), only persons whose names appear in a political party's membership register submitted to INEC at least 21 days before a primary, congress or convention can participate in the exercise. Section 77(6) requires political parties to use the membership registers submitted to INEC for their primaries, congresses and conventions. Section 77(7) provides that a party that fails to submit its register within the prescribed period cannot field a candidate in an election. Section 84(2) provides for direct primaries or consensus in the nomination of candidates.
The 21-day requirement is particularly consequential for politicians who defected from one party to another shortly before their new party's primaries. Any aspirant whose name was not included in the membership register submitted to INEC within the stipulated period could be barred from participating in the primaries. This has triggered fears of mass disqualification across political parties, with several candidates and their supporters seeking to interpret the judgment in ways that suit their political interests.
Adeyanju did not mince words in his demand. He urged INEC to take immediate steps to implement the court's orders in full, stressing that compliance should not be selective or delayed. "INEC's implementation of the court's decision should be guided by the constitutional requirement for strict enforcement of Supreme Court judgments," he said. He called on the commission to ensure that all necessary administrative actions were taken to achieve full compliance, and that its official records accurately reflected the effect of the judgment. He urged the commission to act without further delay.
The call from Adeyanju adds to the growing pressure on INEC to clarify the status of candidates whose nominations may be affected by the Supreme Court's ruling. The commission has not yet issued a public statement on the matter, but the judgment has already generated significant political activity. Senator Iyabo Obasanjo, the daughter of former President Olusegun Obasanjo, has dismissed claims that the ruling disqualifies her from contesting the 2027 Ogun Central senatorial election, with her media aide, Dr Odun Agbalajobi, insisting that she was not a party to the case and that no specific order was made against her. Similarly, Senator Ovie Omo-Agege has said the judgment did not disqualify him from contesting the Delta Central Senatorial District election, noting that the Supreme Court only affirmed the constitutional validity of the provisions and did not make specific pronouncements on individual candidates.
The Concerned Niger Delta Youth Initiative has welcomed the judgment, describing it as a significant step towards strengthening internal democracy and compliance with electoral laws. The group's Founder and Patron, Comrade Zenebo Ebis Orubebe, said the ruling placed greater responsibility on political parties to ensure that their internal processes complied with the Electoral Act. He also noted that the 21-day requirement could help reduce disputes arising from last-minute defections by aspirants ahead of elections.
For Adeyanju, however, the judgment is not a matter for political interpretation. It is a matter of constitutional obligation. Section 287(1) of the 1999 Constitution is unequivocal: all authorities and persons in Nigeria are required to give effect to the decisions of the Supreme Court. INEC, as the body responsible for the conduct of elections, cannot pick and choose which parts of the judgment to enforce or delay its implementation until the political dust settles. The candidates whose names appear on the portal but who do not satisfy the requirements restored by the Supreme Court are, in Adeyanju's view, occupying spaces they are not legally entitled to occupy. They must be removed, and they must be removed now.
The coming days will reveal whether INEC heeds Adeyanju's call or whether the commission will wait for further legal clarification. What is certain is that the Supreme Court's judgment has reshaped the legal landscape for the 2027 elections, and every political party, candidate and aspirant will now have to reckon with the restored provisions. For those who defected too late or whose names are missing from their party's register, the window may already be closing. INEC's portal, as Adeyanju has reminded the commission, must reflect the law, not the political convenience of any party or candidate.
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