Electoral Act: Itodo Explains Why Sections 77(7), 85 Are Not in Conflict

ABUJA — Samson Itodo, Executive Director of Yiaga Africa, has rejected suggestions that Sections 77(7) and 85 of the Electoral Act 2026 are in conflict, arguing that the provisions address different legal responsibilities within the electoral process.

Speaking on Wednesday, Itodo said the disagreement surrounding the two sections should be resolved through legal interpretation rather than partisan considerations.

He explained that Section 85 governs what political parties can require from aspirants, particularly by preventing them from introducing nomination, qualification or disqualification conditions that go beyond those prescribed by the Constitution.

Section 77(7), he noted, concerns the obligations placed on political parties by law, specifically the requirement relating to the submission of party membership registers.

Itodo said a party’s failure to meet the statutory requirement under Section 77(7) attracts a consequence created by the Electoral Act itself and should not be treated as an additional eligibility condition imposed by the party.

“The two provisions do not conflict. They speak to different actors and operate at different levels.”

He further explained that compliance with one provision does not automatically amount to compliance with the other.

“One regulates what parties may demand of aspirants. The other regulates what the law demands of parties.”

According to Itodo, the provisions may create what he described as a conceptual tension, but that does not necessarily mean they are legally contradictory.

He said it was also important to distinguish between the qualification of an individual aspirant and the legal capacity of a political party to sponsor that aspirant.

An aspirant, he explained, could satisfy all constitutional conditions for contesting an election, while the party seeking to sponsor the person could fail to meet statutory requirements governing the nomination process.

“The aspirant’s qualification remains intact. What fails is the party’s capacity to sponsor.”

The Yiaga Africa chief urged stakeholders to avoid interpretations of electoral legislation that are driven by partisan interests.

Instead, he said the provisions should be read according to their wording, purpose and place within the broader electoral framework.

Itodo maintained that understanding the difference between an aspirant’s qualification and a political party’s statutory compliance is key to interpreting Sections 77(7) and 85 of the Electoral Act 2026.

Available legal commentary on the 2026 Act similarly describes Section 77(7) as dealing with a party’s failure to submit its membership register, while Section 85 restricts parties from imposing nomination or qualification criteria outside those permitted by the Constitution.

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