The Supreme Court’s latest judgment on the Electoral Act 2026 has thrown the nomination of some 2027 election candidates into fresh legal uncertainty, particularly politicians who participated in the primaries of one political party before moving to another party to secure tickets.

The apex court on Thursday upheld an appeal filed by the Independent National Electoral Commission (INEC) and restored key provisions of the Electoral Act 2026 dealing with political party membership registers and the nomination of candidates. A seven-member panel led by Justice Adamu Jauro set aside the earlier judgment of the Court of Appeal and affirmed the decision of the Federal High Court.

The Supreme Court held that the relevant provisions, including Sections 77(5), 77(6), 77(7) and 84(2), are not inconsistent with the 1999 Constitution. The court also awarded N2 million in costs against the Zenith Labour Party (ZLP), which had challenged the provisions.

Under Section 77(5), only members whose names appear on a political party’s membership register submitted to INEC at least 21 days before its primaries, congress or convention are eligible to participate in the process. Section 77(6) restricts parties from using a different register for such exercises, while Section 77(7) provides consequences for parties that fail to submit their registers within the stipulated period.

Section 84(2) also provides that political parties are to nominate candidates through direct primaries or consensus.

The judgment could therefore trigger fresh legal challenges involving candidates who participated in the primaries of one party before defecting to another party and obtaining nomination tickets there.

In Osun State, the development could affect the nomination of Senator Olabiyi Fadeyi Ajagunla, who secured the Peoples Democratic Party (PDP) ticket for Osun Central after previously participating in the All Progressives Congress (APC) primary.

A similar situation has been reported in Kwara State involving Senator Saliu Mustapha, who secured the PDP ticket for Kwara Central, and Kolo Baba Jiya, whose name was reportedly substituted as the PDP candidate for Kwara North.

The restored provisions have consequently raised questions over whether candidates in such circumstances complied with the statutory requirements governing party membership registers and candidate nomination.

The legal implications are, however, expected to be determined through specific cases that may arise from the affected nominations. The Supreme Court judgment itself restored the provisions of the Electoral Act; it did not pronounce on the validity or invalidity of the individual tickets of Ajagunla, Mustapha, Jiya or other named candidates.

Meanwhile, reports indicate that some members of the G15 political group may have been substituted by the PDP in the final list of governorship and State House of Assembly candidates to be submitted to INEC.

The judgment is also expected to generate fresh legal questions around candidates associated with the National Rainbow Coalition, a political platform linked to Minister of the Federal Capital Territory, Nyesom Wike, particularly where candidates may have moved between political parties after participating in earlier primary elections.

With the 2027 elections approaching, political parties, candidates and legal practitioners are expected to closely examine the Supreme Court's interpretation of the Electoral Act and its implications for party membership registers, primaries, substitutions and defections.