The Supreme Court's unanimous verdict of September 24, 2026, restoring key sections of the Electoral Act has triggered a new wave of legal uncertainty around the nominations of candidates across several political parties ahead of the 2027 general elections. The apex court reinstated Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act, ruling they were consistent with the 1999 Constitution and overturning an earlier Court of Appeal decision that had voided them.
Restored Provisions and Their Implications
The restored provisions require parties to rely on the membership register submitted to the Independent National Electoral Commission (INEC) at least 21 days before any primary, bar parties from using alternative registers, and mandate that nominations be conducted through direct primaries or consensus. As reported by Vanguard on Monday, September 28, several opposition candidates are under pressure.
They include former Inspector-General of Police Adamu Idris of the SDP in Nasarawa, Abdulrahman Haske of the APM in Adamawa, Senator Shehu Buba of the PRP in Bauchi, Lawal Daura of the APM, who is also Governor Seyi Makinde’s running mate, and Farouk Mustapha, the APC deputy governorship candidate in Bauchi.
PDP Candidates in the Spotlight
In Gombe State, former Communications Minister Professor Isa Ali Pantami's situation is governed by a Federal High Court order that predates the Supreme Court ruling. That court nullified the PDP governorship primary that produced Pantami and barred him from presenting himself as the party's candidate. The PDP has scheduled a fresh primary for Tuesday, September 29, with Pantami set to compete against Khamisu Ahmed.
Questions have also been raised about the PDP senatorial candidacies of Senator Saliu Mustapha in Kwara Central and Kolo Jiya in Kwara North. Both politicians previously belonged to the APC before moving to the PDP under the Saraki-led G15 alliance. The central issue is whether their names appeared on the PDP register submitted to INEC within the required timeframe and whether the waivers granted to them were sufficient. The Kwara PDP rejected suggestions that the judgment automatically voided their candidacies, maintaining that Mustapha became the candidate only after the initial nominee withdrew, and that all new members obtained the required waivers.
Ogun and Osun Candidates Respond
In Ogun State, scrutiny has fallen on Iyabo Obasanjo, who resigned from the APC on May 31, 2026, after failing to secure its governorship ticket, rejoined the PDP on June 15, and was named its Ogun Central senatorial candidate just two days later. Her media aide, Odun Agbalajobi, said: "Senator Iyabo Obasanjo was not a party to that case," adding that the judgment contained no order disqualifying her.
In Osun, Senator Olubiyi Fadeyi denied reports that the ruling had ended his senatorial bid. "For clarity sake, there is no clear evidence on Fadeyi's disqualification from any court sitting; hence, the report of his alleged disqualification remains speculative and unfounded," he said, insisting that the process through which he secured the PDP ticket was "clear, legal and approved by all relevant party executives."
No Automatic Disqualifications
The Supreme Court made no candidate-specific findings in its ruling. Whether any nomination is ultimately invalidated will depend on documentary evidence, chiefly the membership registers submitted to INEC, the dates of submission, the terms of any waivers, and the records of how each candidate emerged from the nomination process.
In a related development, a federal high court in Yenagoa, Bayelsa State, ruled that former President Goodluck Jonathan was eligible to contest in the 2027 election. The court's decision was delivered on May 27, 2022, by Justice Isa Dashen, who held that a section of the Nigerian Constitution barring individuals sworn in twice from contesting for the presidency cannot be applied revisionally to Jonathan's situation.
