Electoral Act: S’Court Ruling Unsettles PDP, Opposition Candidates

The Supreme Court’s restoration of key provisions of the Electoral Act 2026 has opened a fresh legal front over the nominations of some Peoples Democratic Party, PDP, and other opposition parties’ candidates ahead of the 2027 elections.

With the apex court’s verdict other parties affected include the Social Democratic Party, SDP; Allied Peoples Movement, APM; People’s Redemption Party, PRP; and a candidate of the All Progressives Congress, APC.

The judgment does not automatically disqualify the affected candidates. Rather, it restores statutory requirements that could expose individual nominations to legal challenges where evidence shows that membership, registration or nomination procedures did not comply with the law.

In its unanimous judgment of September 24, 2026, the apex court restored Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act, holding that the provisions were not inconsistent with the 1999 Constitution and setting aside the earlier Court of Appeal decision that had voided them.

The restored provisions require parties to rely on the membership register submitted to the Independent National Electoral Commission, INEC, at least 21 days before a primary. A party cannot use a different register, while nominations are to be conducted through direct primaries or consensus.

That means candidates could face challenges where evidence shows that they were not on the relevant register, joined a party after the register was submitted, participated in another party’s primary or emerged through a process that did not comply with the applicable requirements.

PDP candidates in the eye of the storm

Although, the Supreme Court made no candidate-specific findings against PDP candidates, those in the eye of the storm include Senator Saliu Mustapha, Kolo Jiya, Professor Iyabo Obasanjo and Senator Olubiyi Fadeyi.

Pantami’s case already before court

In Gombe State, the case involving former Minister of Communications and Digital Economy, Professor Isa Ali Pantami, predates the Supreme Court judgment.

A Federal High Court had nullified the PDP governorship primary that produced Pantami and ordered the party to conduct a fresh exercise in accordance with its constitution, guidelines and applicable electoral laws. The court also barred Pantami from continuing to present himself as the party’s candidate.

The PDP has fixed Tuesday (tomorrow) September 29 for the fresh governorship primary, with Pantami, Khamisu Ahmed.

Mailantarki and Usman Aliyu Garry cleared to participate.

Pantami’s case is, therefore, not a consequence of the Supreme Court judgment alone. It is already governed by a separate Federal High Court order.

His movement into the PDP after failing to secure the APC governorship ticket had featured in the dispute over the earlier primary, including questions around the process through which he emerged as the party’s candidate.

The fresh exercise now provides another opportunity for the party to establish compliance with the applicable membership and nomination requirements.

Mustapha, Jiya face register questions

Questions have also been raised over the PDP senatorial candidacies of Senator Saliu Mustapha in Kwara Central and Kolo Jiya in Kwara North.

Both politicians were previously associated with the APC before moving into the PDP camp, backed by the Saraki-led G15 alliance, which is working with the FCT Minister Nyesom Wike-led Rainbow Coalition.

The central questions concerned whether their names appeared on the PDP membership register submitted to INEC within the prescribed period and whether waivers granted them were sufficient to qualify them for participation in the party’s nomination process.

The Kwara PDP has rejected suggestions that the Supreme Court judgment automatically invalidated their candidacies.

The party said Mustapha did not participate in the earlier PDP senatorial primary and became the candidate after the withdrawal of the initial nominee.

It also maintained that the affected new members obtained the required waivers before taking part in party activities.

The PDP maintains that the waivers regularised their membership and made them eligible for the relevant processes.

Any challenge, however, would turn on the documentary record; the PDP register submitted to INEC, its date of submission, the terms of the waivers and the process through which each candidate emerged.