The Senate has ruled out reviewing the Electoral Act 2026 before Nigeria’s 2027 general elections, saying lawmakers will only consider possible amendments after the polls.
Senator Yemi Adaramodu, Chairman of the Senate Committee on Media and Public Affairs, said the National Assembly had completed the electoral reform process and would not reopen the legislation while political parties were preparing for the elections.
Adaramodu stated this in an interview with Saturday PUNCH, arguing that changing the law at this stage could disrupt preparations by political parties that had already relied on its provisions.
His position follows a September 24 Supreme Court judgment that restored provisions of the Electoral Act 2026 governing political party membership registers and candidate nomination procedures.
The seven-member panel, led by Justice Adamu Jauro, overturned a July 16 Court of Appeal judgment that had declared Sections 77(5), 77(6), 77(7) and 84(2) of the Act unconstitutional.
The apex court allowed an appeal by the Independent National Electoral Commission (INEC), restored the Federal High Court’s earlier judgment dismissing the challenge brought by the Zenith Labour Party (ZLP), and awarded ₦2 million in costs against the party.
Senate rejects immediate amendment
Explaining the National Assembly’s position, Adaramodu said the electoral reform had already been passed into law and was intended to govern the 2027 elections.
“We have already done the electoral reform and passed that one; it is meant for the 2027 elections.
“It is only after the elections that we can consider a review if there is any necessity or calls for amendments and rejigging.
“Anybody who has any petition against it should submit it to the Senate, but for us at the Senate and National Assembly, we have passed the electoral bill into law,” he said.
The lawmaker also questioned the practicality of changing the electoral framework after political parties had begun preparing their candidates.
“Parties have used the law to produce candidates who are going to contest in January and February.
“So, are you now going to shift the goalpost in the middle of the game?
“How do you halt an electoral act that is already in use for a new one? We are not going to do that,” he said.
Adaramodu’s comments indicate that the Senate intends to retain the current legislation for the forthcoming elections, while leaving open the possibility of reviewing it afterwards.
What the Supreme Court restored
The Supreme Court ruling returned four disputed provisions to effect after the Court of Appeal had struck them down in a case brought by the ZLP.
Sections 77(5) and 77(6) regulate participation in party primaries, congresses and conventions through membership registers submitted to INEC. Section 77(7) provides that a political party that fails to submit its membership register within the prescribed period is ineligible to field a candidate for the election.
Section 84(2) provides for direct primaries or consensus as methods for political parties to nominate candidates for elective offices.
The ZLP had challenged the provisions, arguing that they interfered with the constitutional rights of political parties to manage their internal affairs.
The Federal High Court dismissed the party’s case on May 5, 2026. The Court of Appeal subsequently ruled in the party’s favour on the disputed provisions in July, prompting INEC to appeal to the Supreme Court. The apex court’s September judgment reversed that decision.
The ruling has renewed debate about compliance with party membership-register requirements and the legal procedures for nominating candidates ahead of the 2027 elections.
However, the consequences of any alleged breach will depend on the applicable statutory provisions and the facts of each case. Section 77(7), in particular, addresses a party’s eligibility to field candidates when it fails to submit the required register; it should not automatically be interpreted as declaring every individual member personally disqualified.
With the Senate ruling out an immediate review, the Electoral Act 2026 remains the legislative framework lawmakers say they intend to retain for the 2027 polls.
