Politics
Electoral Act: Party Membership Cannot Disqualify Candidate — Lawyer
A public interest lawyer and political analyst, Damien Ajayi, has said membership of a political party cannot, on its own, constitute a ground for disqualifying a candidate from an election.
Ajayi made the submission during an interview on Arise TV on Saturday while discussing the provisions of the Electoral Act 2026 on political-party membership registers, candidate nomination and constitutional qualifications.
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According to him, the question of whether an individual belongs to a particular political party is different from the constitutional requirements for contesting an election.
“The issue of membership register belonging to a political party, being a member of a political party, is a different kettle of fish entirely.”
Ajayi referenced the 2023 legal challenge involving Peter Obi and the Labour Party, arguing that the courts had made it clear that the grounds for disqualifying a candidate are contained in the Constitution.
“The court was clear that the only disqualification for a candidate are the provisions in the Constitution; that membership of a political party is an internal affair of a political party.”
He said questions surrounding whether a politician belonged to one party when an election was held and subsequently moved to another party should be considered within the context of the internal affairs of political parties and applicable electoral laws.
Ajayi also discussed Section 77 of the Electoral Act, noting that the 2022 legislation contained subsections one to three, while the 2026 Act expanded the provision to seven subsections.
He said the relevant provisions should be interpreted alongside previous Supreme Court pronouncements on constitutional qualifications and political-party membership.
“If we put this in line with Supreme Court’s pronouncements over the years, it’s been that the criteria in the Constitution are only the criteria that can disqualify a candidate.”
The lawyer also referred to litigation involving the NNPP, the Kano State governorship election and the APC, saying the courts had considered how membership of a political party could be established.
He further recalled arguments made by senior lawyer Wole Olanipekun before the Supreme Court that there were different ways of proving membership of a political party.
“There are other ways you can prove the membership of a political party.”
Ajayi maintained that the Supreme Court’s previous decisions had addressed the issue of party membership and candidate eligibility, including situations where a politician moves from one political party to another.
He, however, noted that the Electoral Act provides specific timelines for certain electoral processes.
Referring to Section 33, which deals with substitution following the withdrawal of a candidate, Ajayi said there is a statutory window within which such substitution must take place.
“If you look at Section 33, where you talk about substitution based on withdrawal, there’s a window there that must be done 90 days before the general election.”
This comes amid the Supreme Court’s restoration of key provisions of the Electoral Act 2026 that had earlier been voided by the Court of Appeal.
On September 24, the Supreme Court allowed an appeal by the Independent National Electoral Commission (INEC) and restored Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act 2026. The apex court held that the disputed provisions were not inconsistent with the 1999 Constitution.
The restored provisions deal with political-party membership registers and candidate nomination. Section 77(5) provides that only members whose names appear on a party’s register submitted to INEC within the stipulated period can vote in party primaries, congresses and conventions, while Section 77(6) requires parties to use the submitted register for those activities.
Section 77(7) provides that a political party that fails to submit its membership register within the prescribed period will not be eligible to field a candidate for an election.
Section 84(2) provides for direct primaries or consensus as methods for nominating candidates.
The Supreme Court ruling followed a July decision by the Court of Appeal, which had struck down the same provisions after Zenith Labour Party challenged their constitutionality.
The Court of Appeal had held that the provisions conflicted with Sections 221 and 222 of the Constitution.
A Political Adviser to President Bola Tinubu, Ibrahim Kabiru Masari, has dismissed former Vice President Atiku Abubakar’s ambition to contest the 2027 presidential election, describing it as a joke.
Masari made the remark while addressing members of the Jigawa State Academics Forum.
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According to him, Atiku’s political ambition would not be achieved through what he described as desperation, insisting that the former vice president was aware of the situation.
“Even Atiku himself knows he is just joking and kidding,” Masari said.
The presidential aide also described the All Progressives Congress (APC) as the dominant political party in the country and framed the 2027 election as a choice between continuing the Tinubu administration’s programmes and returning to the opposition.
Masari highlighted infrastructure development, economic diversification, security and poverty reduction as areas the Tinubu administration was prioritising.
He also commended the Jigawa State Academics Forum for endorsing President Tinubu and Governor Umar Namadi for another term.
On education, Masari said the Federal Government was giving the sector priority, adding that the university academic calendar had stabilised and students were benefiting from federal student loans.
His comments come as political parties and opposition figures intensify preparations for the 2027 general election.
Nasarawa State Governor, Abdullahi Sule, has said the Independent National Electoral Commission (INEC) should be questioned if there were any irregularities in the conduct of the 2023 presidential election.
Sule made the remarks during an appearance on Mic On Podcast, hosted by Seun Okinbaloye, an Arise TV anchor, while responding to questions about allegations surrounding the 2023 presidential election and INEC’s handling of the process.
The governor noted that INEC was the body that conducted and declared the election, saying: “INEC declared that I won the election in 2023. INEC that determined the election.”
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Speaking about claims that both Labour Party’s Peter Obi and former Vice President Atiku Abubakar believed they won the 2023 presidential election, Sule questioned how the APC could have manipulated the election against both candidates.
He said: “So who won the election between Peter Obi and Atiku? Take President Asiwaju out. So who now rigged each other between the PDP and then the Labour Party? Because you are saying that Peter Obi said he won, Atiku said he won—”
On concerns over glitches on INEC’s Result Viewing (IReV) portal during the presidential election and allegations that “something fishy” may have happened, Sule said INEC should provide answers if there were any irregularities.
He stated: “Well, if something fishy went down, it is INEC herself that would be asked that question.”
Sule also referred to subsequent elections conducted under the current INEC leadership, including the Osun and Anambra governorship elections.
According to him, APC lost the Osun election without similar complaints, while the All Progressives Grand Alliance (APGA) won in Anambra.
He said: “You know, and so far, all the elections… he held the election in Osun, and they didn’t say there was anything wrong with that one, because APC lost. We had an election in Anambra, there was no problem about that one, because APGA won.”
“You know, so it is anywhere APC won now that there is a problem. It doesn’t… life doesn’t work that way.” the governor added.
Human rights lawyer and lead counsel to the Indigenous People of Biafra (IPOB), Ifeanyi Ejiofor, has urged President Bola Ahmed Tinubu to take preventive measures to protect former Anambra State governor and 2027 presidential candidate Peter Obi.
Ejiofor raised concerns over Obi’s safety ahead of the 2027 general elections, warning that any harm to the presidential candidate could have serious consequences for Nigeria’s political and democratic environment.
READ MORE: 2027: Peter Obi ‘Unfit’ To Govern Nigeria — Onanuga Declares
In a statement issued in Abuja, Ejiofor said Obi’s recent expression of concern about his personal safety should not be dismissed as ordinary political rhetoric.
He said when a presidential candidate publicly expresses uncertainty about his safety ahead of an election, the appropriate response should be “vigilance, sober inquiry and preventive action.”
“Nothing must happen to Obi,” Ejiofor said, calling on Tinubu to act now to protect the former Anambra governor and the democratic space.
The lawyer also cited recent developments surrounding the 2027 political season, including Obi’s complaints about difficulties faced by opposition politicians campaigning in some states and the controversy surrounding the obstruction of his convoy during a visit to Benue State.
According to Ejiofor, the circumstances require greater attention from government institutions, security agencies, political parties and other stakeholders.
He warned that if anything happened to Obi, the consequences could extend beyond the individual and potentially affect Nigeria’s already delicate electoral environment.
“If anything should happen to Peter Obi—God forbid!—the consequences would extend far beyond the individual concerned,” he said, describing the possible consequences as “disastrous and devastating.”
Ejiofor urged the Federal Government, security agencies, the Independent National Electoral Commission (INEC), political parties and state authorities to ensure that presidential candidates can campaign peacefully and that voters can freely hear competing political views.
He also called for political disagreements to be settled through the ballot and the law rather than intimidation, coercion or violence.
“Prevention is wiser than mourning,” Ejiofor said, stressing that Nigeria should not wait for a tragedy before taking steps to address concerns surrounding the 2027 political environment.
He further appealed for an electoral atmosphere where every legitimate contestant can campaign, political parties can organise peacefully and citizens can freely listen to and support candidates of their choice.
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