Peter Obi’s Candidacy and the Evolution of Nigeria’s Electoral Law-

Peter Obi’s Candidacy and the Evolution of Nigeria’s Electoral Law-

Peter Obi was initially a member of the Peoples Democratic Party (PDP). He contested its presidential primary election but lost to Atiku Abubakar. Shortly thereafter, he joined the Labour Party just two days before its presidential primary election. At that time, however, the Labour Party had already submitted its membership register to the Independent National Electoral Commission (INEC), and Obi’s name was not included since he was still a PDP member when the register was compiled.

The Electoral Act 2022 required political parties to submit membership registers to INEC but was not explicit on the timing of submission or the consequences of non‑compliance. This ambiguity created room for interpretation and allowed Obi’s participation despite his late defection.

By contrast, the Electoral Act 2026 introduced clear and stringent provisions:
– Political parties must submit their digital membership register to INEC not later than 21 days before any convention or congress convened to nominate candidates.
– No person whose name is absent from the digital register may participate in such conventions or congresses, whether as an aspirant or as a voting delegate.
– A political party that fails to comply with these provisions is barred from submitting candidates for that particular position in the general election.

This evolution in the law graphically shows the difference: while the 2022 Act left loopholes, the 2026 Act decisively closed them, ensuring strict adherence to party membership records.

On 24 March 2026, Honourable Justice Ayo Salami (retd.), former President of the Court of Appeal, was reported in Punch as stating that Peter Obi ought not to have been allowed to contest the 2023 presidential election under the Labour Party. He emphasized that since Obi’s name was not in the Labour Party’s register submitted to INEC, his candidacy was fundamentally flawed, and the courts ought to have disqualified him.

Conclusion:

The controversy surrounding Obi’s candidacy underscores the importance of clarity in electoral law. The 2022 Act’s ambiguity permitted his participation, but the 2026 Act has now made the requirements explicit and enforceable, thereby strengthening transparency, internal party democracy, and the integrity of Nigeria’s electoral process. Justice Salami’s pronouncement reinforces the principle that candidacy must strictly align with party membership records, and under the 2026 framework, such a scenario could no longer recur.