WIKE'S CANDIDATE CHINDA DISQUALIFIED BY SUPREME COURT

 

As preparations for the 2027 general elections gather momentum, the Supreme Court’s decision affirming the validity of sections 77 and 84 of the Electoral Act, 2026 (as amended) on eligibility to contest in primary elections, has ushered in a fresh wave of uncertainties on the political atmosphere.

The apex court, on Thursday upheld the appeal by the Independent National Electoral Commission in a case by the Zenith Labour Party (ZLP) challenging provisions of the electoral act, which it contended were inconsistent with the 1999 Constitution.

Checks by our correspondent showed that the provisions at the centre of the dispute include sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act, 2026.

Sections 77(5), 77(6) and 77(7) are based on the statutory requirements relating to political parties’ membership registers, while section 84(2) prescribes direct primaries or consensus as methods for the nomination of candidates by political parties.

At the trial court, the ZLP argued that the provisions conflicted with the 1999 Constitution and amounted to unconstitutional interference in the internal affairs of political parties.

The Federal High Court, presided over by Justice Mohammed Umar, in a judgement delivered on May 5, 2026, dismissed the party’s action.

Dissatisfied with the judgement, the ZLP approached the Court of Appeal, Abuja division in appeal marked: CA/ABJ/CV/750/2026.

The Court of Appeal, in its judgement delivered on July 16, 2026, allowed the appeal in part and voided provisions of the Electoral Act relating to party primaries and membership registers.

The appellate court’s decision prompted INEC to approach the Supreme Court, according to the commission’s brief of argument.

After the hearing of the appeal and arguments from both parties last week, a seven-man panel of the apex court, presided over by Justice Adamu Jauro, reserved its judgement.

However, delivering its judgement on Thursday, the apex court ruled in favour of the electoral umpire and set aside the Court of Appeal judgement, which was in favour of ZLP.

The apex court, while upholding the judgement of the trial court, awarded N2 million against the respondent, ZLP.

Also, the court in two other judgements, dismissed two separate appeals filed by the Social Democratic Party and Youth Party filed against INEC.

The SDP and YP were the appellants in that case. The two political parties filed appeals to challenge the decisions of the Court of Appeal in their case.

In the SDP versus INEC, the appeal was heard on its merit and was accordingly dismissed by the court.

In the Youth Party’s appeal, the preliminary objection filed by INEC was upheld and the appeal was struck out for being incompetent.

The apex court described the appeal as invalid and incompetent, having been filed out of time by one day.

Since the judgement, the political atmosphere became charged with various parties and individuals giving it different interpretations.

While some were happy that it had foreclosed the chances of their opponents, those seen to appear as likely casualties of the judgement were adamant, saying it has nothing to do with their plans.

Our correspondents report that among those being speculated to feel the impact of the judgement are those seen to have defected to other parties after contesting previously on other platforms.

Attempts to get the reactions of INEC were not successful, but analysts said none was sure of who would be affected as the two judgements could be given different interpretations.

Those that defected from their previous platforms and successfully won the tickets of the parties they defected to include ex-IGP Mohammed Adamu, who contested the guber election of his state in Nasarawa and after losing in the APC primaries and defected to the Social Democratic Party to clinch the ticket, Sheik Isa Pantami of Gombe State, who disagreed with the process of the primary elections in the APC and joined the Peoples Democratic Party (PDP) to emerge as its governorship candidate. Kingsley Chinda in River State was also said to have joined the APC after defecting from the PDP, where he held the position of the minority leader of the House of Representatives.

Others are Shehu Buba in Bauchi State, who defected to the Peoples Redemption Party (PRP) and secured the party’s ticket, Mohammed Nami in Niger State, as well as Senator Saliu Mustapha in Kwara, who was denied the governorship ticket in the state and later moved to the PDP to clinch the ticket.

Our correspondents reflect the mood at the states involving the candidates feared would be affected.

Verdict can’t have retroactive effect – Sen Buba

The Peoples Redemption Party governorship candidate for Bauchi State, Senator Shehu Buba Umar, while reacting to the judgement, dismissed reports suggesting that Thursday’s Supreme Court judgement could affect his eligibility to contest the 2027 election.

Speaking through his special adviser on media and communication, Comrade Sabo Mohammed, Senator Buba explained that he had complied fully with all applicable provisions of the electoral law and remained steadfast in his ambition to run in the Bauchi State governorship election.

Reacting to what he described as misleading interpretations circulating on the social media, Senator Buba said: “My attention has been drawn to misleading publications, particularly on the social media regarding the judgement delivered by the Supreme Court on Thursday, September 24, 2026.”

Buba further explained that the legal position established by the judgement along with INEC’s authority to issue guidelines for the 2027 electoral process took effect on September 24, 2026.

However, he emphasized that all key electoral activities completed prior to the ruling (including the submission of party membership registers, the conduct of primaries, and the nomination of candidates) were carried out under the legal and regulatory framework in effect at that time.

He maintained that the judgement must not be applied retroactively to invalidate electoral processes and actions that were lawfully concluded, saying the principle of non-retroactivity is critical when interpreting the effect of this judgement, especially where political parties and candidates had already complied with prescribed requirements in reliance on the prevailing legal framework.

Buba noted that while the Supreme Court judgement applied broadly to interpretations of the Electoral Act, its practical application to the current election cycle must account for activities already completed under the previous rules, emphasizing that he had satisfied all statutory requirements for his candidacy and saw no basis for claims that the judgement invalidates his governorship bid.

“Our ambition to clinch the governorship of Bauchi State remains firmly on course. By the special grace of the Almighty Allah (SWT), there is no going back,” he said

The lawmaker expressed confidence that INEC would issue clear guidelines regarding the Supreme Court judgement’s general application and its implications for political parties and candidates.

He urged his supporters, party members and well-wishers across Bauchi State to remain calm and disregard interpretations intended to create confusion surrounding his candidacy.

Buba further disclosed that he had directed his legal team to thoroughly review the judgement and provide further guidance as the electoral process progressed. He reaffirmed his commitment to his campaign and continued engagement with stakeholders across Bauchi State ahead of the 2027 elections.

He added that INEC’s official 2027 election schedule confirmed that the commission commenced the electoral process well before the September 2026 ruling, including activities related to party membership registers and candidate primaries.

Jubilation, anxiety in Nasarawa as ex-IGP Adamu, Wadada supporters differ

The judgement has generated reactions in Nasarawa State, particularly between supporters of Adamu and those of the All Progressives Congress governorship candidate, Ahmed Aliyu Wadada.

While supporters of Wadada took to their social media handles celebrating on the basis that Adamu, who joined the SDP after participating in the APC primary, would not be on the ballot, Adamu’s supporters maintain that the judgement has nothing to do with his aspiration.

In a press statement issued on Thursday in Lafia, the director of digital media and strategic communications of the IGP Mohammed Abubakar Adamu Campaign Organisation, High Chief Otaru Douglas said there was no cause for alarm.

Douglas said the organisation had noted deliberate misinterpretation and premature jubilation by elements of the APC in the state over the judgement.

“For the avoidance of doubt, we wish to state categorically that the Supreme Court in SC/CR/495/2026 merely restored and validated the constitutionality of sections 77(5), (6), (7) and 84(2) of the Electoral Act, 2026 after the Court of Appeal had declared them unconstitutional,” he said.

According to him, the apex court affirmed that section 77(5) requires that only persons whose names are in the membership register submitted to INEC not later than 21 days before primaries are eligible to vote, section 77(6) prohibits use of any other register, section 77(7) provides consequences for failure to submit within time, and section 84(2) prescribes direct primaries or consensus.

“The judgement is a general affirmation of INEC’s regulatory powers over party membership registers. It is not a judgement against the Social Democratic Party, nor against IGP Mohammed Abubakar Adamu (retd),” he added.