The Independent National Electoral Commission (INEC) has commenced a review of the Supreme Court judgment affirming key provisions of the Electoral Act 2026, amid concerns over the eligibility of some candidates for the 2027 general elections.
INEC Chairman, Professor Joash Amupitan, disclosed this on Tuesday at the commission’s World Press Conference in Abuja.
Amupitan said the commission had received complaints from political parties, aggrieved aspirants and members of the National Assembly over the implications of the Supreme Court’s judgment in the case involving INEC and the Zenith Labour Party (ZLP).
The Supreme Court, in its September 24, 2026 judgment, upheld the constitutionality of Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act 2026. The judgment also upheld INEC’s revised timetable and schedule of activities for the 2027 elections.
According to Amupitan, INEC only received the certified true copy of the judgment on Tuesday and was studying its provisions before deciding on the appropriate course of action.
“We have recently received complaints from some political parties, and aggrieved aspirants, and even from the National Assembly, drawing our attention to the recent Supreme Court decision in INEC and Zenith Labour Party, delivered on the 24th day of September, 2026, affirming the constitutionality of Section 77, subsections 5 to 7 of the Electoral Act, 2026, and also upholding our revised timetable and schedule of activities for the 2027 general election.
“We only received the certified true copy of this judgment this morning, and it is being reviewed,” he said.
Candidate Eligibility Under Scrutiny
The judgment has heightened attention around the eligibility of some politicians who moved to new political parties after their former parties had already conducted or commenced nomination processes.
The affected provisions of the Electoral Act have therefore become a major issue for political parties and aspirants preparing for the 2027 elections.
Among the high-profile candidates whose nominations have attracted attention are Rivers State governorship candidate of the All Progressives Congress (APC), Kingsley Chinda; Delta Central senatorial candidate of the Nigeria Democratic Congress (NDC), Ovie Omo-Agege; former Cross River State governor and Peoples Redemption Party (PRP) presidential candidate, Donald Duke; and former Delta State House of Assembly Speaker, Victor Ochei.
The central question is how the Supreme Court’s interpretation of the Electoral Act will affect candidates who joined new parties after nomination processes had already begun or been concluded by their previous parties.
For now, INEC has not announced a final position on the individual candidates or the specific consequences of the judgment.
The commission’s ongoing review is expected to guide its next steps as political parties and aspirants await clarification on how the Supreme Court ruling will be applied ahead of the 2027 elections.
