The Independent National Electoral Commission (INEC) says it is reviewing the recent Supreme Court judgment on provisions of the Electoral Act, 2026 that could affect the eligibility of some candidates ahead of the 2027 general elections.
INEC Chairman, Professor Joash Amupitan, disclosed the commission’s position on Tuesday while addressing a press conference on the commission’s preparations for the 2027 elections.
According to an account by Naija News, the Supreme Court had affirmed the validity of Sections 77 and 84 of the Electoral Act, 2026 (as amended), which deal with eligibility to contest primary elections, in appeals brought by the Zenith Labour Party (ZLP) and the Social Democratic Party (SDP).
The judgment has reportedly created fresh uncertainty over the status of candidates who crossed over to new parties after failing to secure tickets from the parties they were originally associated with.

INEC yet to conclude review

Amupitan said the commission only received the certified true copy of the judgment on Tuesday morning and is still studying it.
He said appropriate action would be taken and announced once the review is concluded.

 

NAF 931 Crash: Air Force Releases Identities of 25 Victims, Orders Investigation
The INEC Chairman also acknowledged that the commission had received complaints from political parties, aggrieved aspirants and members of the National Assembly over the implications of the judgment.
He said: “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 judgement this morning, and it is being reviewed.”

Related Stories

What are Sections 77 and 84?

The two provisions relate to eligibility to contest primary elections, according to the account by Naija News. Section 77, subsections 5 to 7, was the specific portion the Supreme Court upheld, per the chairman’s remarks, while the report also links Section 84 to the same judgment.
Editor’s note for the desk: the source material does not reproduce the full text of either section. If we want a proper “what the law says” explainer box, we need the verified wording of Sections 77 and 84 of the Electoral Act, 2026 — we should not paraphrase the provisions from memory.

Candidates whose nominations are in focus

Among those whose nominations have attracted attention, per the report, are:

    • Kingsley Chinda, Rivers State governorship candidate of the All Progressives Congress (APC)

 

    • Ovie Omo-Agege, Delta Central senatorial candidate of the Nigeria Democratic Congress (NDC)
    • Donald Duke, former Cross River State governor and Peoples Redemption Party (PRP) presidential candidate
    • Victor Ochei, former Delta State House of Assembly Speaker
    • Others

None of these candidates has been declared ineligible by INEC in the report. Their nominations have simply drawn public and political attention pending the commission’s review.

What happens next

INEC is expected to make its position known on the eligibility of such candidates to participate in the 2027 elections once the review process is concluded, according to the report.