Senior Advocate of Nigeria Oba Maduabuchi says political parties must submit their membership registers to the Independent National Electoral Commission (INEC) at least 21 days before conducting primaries, following the Supreme Court’s ruling on provisions of the Electoral Act 2026.
Maduabuchi described the decision as “perfect,” saying it affirmed INEC’s constitutional authority in the conduct and supervision of elections. He spoke on Monday in an interview with ARISE NEWS on the apex court’s September 24 judgment.
In a unanimous decision by a seven-member panel, the Supreme Court set aside the Court of Appeal judgment that had voided the provisions and restored the Federal High Court’s decision. Under the restored provisions, only members whose names appear on a party’s register submitted to INEC at least 21 days before a primary, congress or convention can participate. Parties must use the submitted register and face consequences for failing to submit it on time.
Maduabuchi said the requirement was not interference in parties’ internal affairs. “If you don’t submit the register, you will not have candidates. We must interpret the decision of the Supreme Court vis-à-vis the provisions of the Constitution which gave INEC the power to organise, undertake and supervise elections. So, if INEC must organise and the law says give them your membership register, I don’t think there is anything unconstitutional about that,” he said.
He explained that parties still decide who their members are. “It does not determine who is a member of a political party. Determination of who is a member of a political party is in the hands of the political parties. But when you have decided who is your political party, tell me who they are. So, when I am organising my election, I will know who I am dealing with. That is just a simple thing the Supreme Court said,” he said.
He added that parties remain free to choose how candidates emerge, provided they comply with the law. “When you want to select or however, whatever you call it, your candidates, do it openly so that everybody will see what you have done, either directly or by consensus. These are the two things that the Supreme Court said. Anybody saying they are unconstitutional is wrong,” he said.
On implications for those who acted on the earlier Court of Appeal decision, he said, “It would be unfortunate, because they are now caught by this Supreme Court decision. And it is a judgment of the full court. Seven justices. In other words, you need seven justices to set it aside.”
He rejected concerns that the ruling undermines party autonomy. “It does not tell you how you become a member of a political party. The Supreme Court never said anything about that,” he said. He added that direct primaries or consensus could reduce money politics. “We want to wipe out money politics from Nigeria. If you have delegates, big men buy up the delegates and the will of the masses, the will of the people does not prevail,” he said.
On the 21-day rule, he said, “The law says if you have made that decision, tell me 21 days before you do your primary, let me know who your members are. That is not interfering with anybody’s internal affairs.”
On retroactivity, he said the law applicable when the issue arose must be considered. “The judgment takes effect the day the suit was filed. And what we are declaring is the law as it is today… It is not a matter of retrospective or not prospective,” he said.
He declined to say whether politicians including Chinda and Peter Obi would be affected, citing lack of access to party records. “I don’t know when they submitted them and I don’t know what names are there,” he said.
Maduabuchi rejected claims that the requirement caught parties unprepared. “It is not sudden. The law was made and I think it was passed early this year and everybody knew what the law was. That is why they even went to court to challenge it,” he said. He added that he first raised the 21-day notice issue in 2011 or 2012, saying, “The question of 21 days is not new at all.”
Follow us on:
Author
