Electoral Act: Fresh Legal Battles Loom Over PDP, Opposition Candidates After Supreme Court Ruling

The Supreme Court’s decision to restore key provisions of the Electoral Act 2026 has triggered fresh questions over the eligibility and nomination processes of some PDP and opposition candidates ahead of the 2027 general elections.

The ruling affects the legal framework governing party membership registers and the nomination of candidates and has implications for candidates of the PDP, SDP, APM, PRP and APC.

But the judgment does not, by itself, disqualify any of the candidates now under scrutiny. Instead, it restores provisions that could form the basis of individual legal challenges if party records show that membership, registration or nomination requirements were not met.

In a unanimous judgment delivered on September 24, the seven-member Supreme Court panel restored Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act 2026.

The court held that the provisions were not inconsistent with the 1999 Constitution and set aside the earlier Court of Appeal judgment that had voided them.

Under the restored provisions, political parties are required to use the membership register submitted to INEC within the statutory period before their primaries. The law also provides for direct primaries or consensus as methods of nominating candidates.

The development means that the membership status of candidates who recently moved between political parties, as well as the validity of waivers and nomination procedures, could come under renewed legal scrutiny.

Pantami heads Gombe legal drama

In Gombe, the controversy involving former Communications and Digital Economy Minister, Professor Isa Ali Pantami, predates the Supreme Court ruling.

A Federal High Court had nullified the PDP governorship primary that produced Pantami and ordered the party to conduct a fresh exercise in accordance with its constitution, guidelines and relevant electoral laws.

The PDP has now scheduled a fresh governorship primary for September 29, with Pantami, Khamisu Ahmed Mailantarki and Usman Aliyu Garry cleared to participate.

The Gombe development is therefore being driven by the separate Federal High Court order rather than by an automatic disqualification arising from the Supreme Court judgment.

Pantami had moved to the PDP after failing to secure the APC governorship ticket, and his emergence as the PDP candidate became the subject of the earlier court challenge.

The fresh primary provides the party with another opportunity to conduct the nomination process under the applicable rules.

Mustapha, Jiya face questions over PDP register

Attention has also shifted to Senator Saliu Mustapha, the PDP candidate in Kwara Central, and Kolo Jiya, the party’s candidate in Kwara North.

Both had previously been associated with the APC before joining the PDP camp.

The key issue is whether their names were contained in the PDP membership register submitted to INEC within the required period and whether the waivers issued to new members were sufficient to qualify them for the party’s nomination process.

The Kwara PDP has rejected claims that the Supreme Court ruling automatically invalidated their candidacies.

The party said Mustapha did not participate in the earlier PDP senatorial primary and became the candidate following the withdrawal of the initial nominee.

It also said the affected new members obtained the required waivers before participating in party activities.

Any legal challenge will therefore depend on the relevant documents, including the membership register, date of submission, waiver documents and records of the nomination process.

Iyabo Obasanjo’s candidacy questioned

In Ogun State, questions have also been raised over the PDP candidacy of Dr Iyabo Obasanjo in Ogun Central.

Obasanjo resigned from the APC on May 31, 2026, returned to the PDP on June 15 and was presented as the party’s Ogun Central senatorial candidate two days later.

The timing has led to questions over whether she was included in the PDP membership register submitted to INEC at least 21 days before the relevant primary.

Her media aide, Dr Odun Agbalajobi, however, rejected suggestions that the Supreme Court had disqualified her.

“Senator Iyabo Obasanjo was not a party to that case,” he said, stressing that the Supreme Court did not issue an order disqualifying her from contesting the Ogun Central senatorial election.

PDP chieftain Adeoye Adewale Adeniran also accused the APC of misrepresenting the judgment.

“The APC is twisting the Supreme Court judgment to stop Iyabo Obasanjo,” Adeniran said, alleging that misinformation and political propaganda were being used over her eligibility.

The allegation is a political claim and has not been established as a judicial finding.

Fadeyi: ‘No clear evidence’ of disqualification

In Osun, Senator Olubiyi Fadeyi has also rejected reports that the Supreme Court judgment had terminated his 2027 Senate 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,” Fadeyi said.

He maintained that his PDP nomination complied with the law.

“The processes to bestow the PDP ticket on Senator Olubiyi Fadeyi for second term in office is clear, legal and approved by all relevant party executives,” he said.

Fadeyi added: “The Peoples Democratic Party, PDP followed the provisions of electoral law and everything was done in accordance with the law and party’s laid down rules.”

The Supreme Court did not make a specific finding on Fadeyi’s membership or nomination.

The emerging legal questions will consequently depend on individual party records rather than a blanket disqualification arising from the apex court judgment.

Membership registers submitted to INEC, submission dates, waivers issued to new members and the procedures used to conduct primaries or reach consensus could become central evidence in any subsequent litigation.

Other opposition candidates whose nominations have attracted questions include former IGP Adamu Idris of the SDP, Abdulrahman Haske of the APM, Senator Shehu Buba of the PRP, Lawal Daura of the APM and Farouk Mustapha of the APC.

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