By Okoi Obono-Obla
The Federal High Court in Gombe State has fired the first legal salvo in the enforcement of Section 77 of the Electoral Act, 2022 as amended in 2026 – commonly referred to as the Electoral Act 2026.
The Act, signed into law on February 18, 2026 by President Bola Tinubu, significantly redesigns party membership documentation.
The New Legal Framework Under Section 77
Under the Electoral Act 2026:
Section 77(2) requires every registered political party to maintain a register of its members in both hard and soft copy.
Section 77(3) requires the register to contain detailed biometric and personal data, including name, sex, date of birth, address, state, local government, ward, polling unit, National Identity Number (NIN) and photograph.
Section 77(4) mandates that the register must be submitted to the Independent National Electoral Commission (INEC) not later than 21 days before the holding of a party primary, congress or convention. This is the new rule under the 2026 amendment. The provision was previously 30 days under the 2022 Act.
Under the restored provisions:
Section 77(5) provides that only persons whose names are contained in the register submitted to INEC not later than 21 days before the primaries, congresses or conventions are eligible to vote and be voted for.
Section 77(6) provides that a political party shall not use any register other than the one submitted to the Commission for its primaries.
Section 77(7) provides consequences, including that a political party that fails to submit its register within the prescribed period cannot field candidates for that election.
Judicial History: From Voiding to Restoration
These provisions were initially voided by the Court of Appeal in July 2026 in a suit filed by the Zenith Party / Zenith Labour Party, on the ground that they interfered with the constitutional autonomy of political parties.
However, on September 24, 2026, the Supreme Court in SC/CV/495/2026 allowed INEC’s appeal, set aside the Court of Appeal judgment, and restored Sections 77(5), 77(6), 77(7) and 84(2) as constitutional.
First Application: The Gombe Case
In the first application of the restored framework, the Federal High Court, Gombe Division, presided over by Justice Vera Ibrahim, has nullified the All Progressives Congress (APC) primary for the Balanga/Billiri Federal Constituency of Gombe State.
Case: Suit filed by APC member Alfred John challenging the May 16, 2026 APC primary that produced Hon. Ali Isa J.C., the serving member representing the constituency, as the party’s candidate ahead of the 2027 general election.
Findings of the Court:
The court held that Ali J.C.’s participation was invalid, unlawful, null and void for non-compliance with Section 77.
Justice Ibrahim found that Ali’s name was not contained in the APC membership register submitted to INEC within the period required by law. Evidence before the court showed he had joined the APC only 16 days before the primary held on May 16, 2026, falling short of the 21-day requirement.
The court held that the issue was not simply whether Ali was a registered member of the APC, but whether the party complied with the legal requirement for submitting its membership register to INEC before the primary. The judge also found that neither the APC nor INEC provided enough evidence to establish that Ali’s name appeared on the relevant membership register submitted within the required period.
Orders: The court declared the May 16 primary invalid, ordered the APC to conduct a fresh primary within 30 days, specifically barred Ali J.C. from participating in the rerun, and ordered withdrawal of his certificate of return.
Conclusion
The Gombe judgment is more than a constituency dispute; it is a clear signal that the era of treating party registers as internal administrative documents is over. By restoring Sections 77(5)-(7), the Supreme Court has elevated membership register compliance from a party affair to a statutory condition precedent for valid candidacy.
For political parties, the message is stark: failure to maintain a biometric-compliant register and to submit it to INEC at least 21 days before primaries is now fatal. For INEC, it imposes a strict gatekeeping role. And for aspirants, especially defectors and late joiners, the 21-day rule has become the new minimum residency requirement for eligibility.As preparations for the 2027 general elections intensify, this decision will likely trigger a wave of pre-election litigation and force all parties to audit their membership registers. The 21-day rule is now the law, and the Gombe court has shown it will be enforced.
