Wednesday, October 7, 2026

Supreme Court Judgment: Political Parties Must Comply With Electoral Law – Ajulo

Supreme Court Judgment: Political Parties Must Comply With Electoral Law – Ajulo

Ondo State Attorney-General and Commissioner for Justice, Dr Olukayode Ajulo, has urged Nigerian political parties and aspirants to comply fully with the Supreme Court’s recent judgment on provisions of the Electoral Act 2026 ahead of the 2027 general elections.

Ajulo said the Supreme Court’s September 24, 2026 judgment had settled the constitutional dispute surrounding Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act after it upheld the appeal filed by the Independent National Electoral Commission (INEC).

According to him, the Supreme Court did not create the provisions but only determined that the laws enacted by the National Assembly were not unconstitutional on the grounds challenged before it.

He explained that Sections 77(5) to 77(7), which relate to political party membership registers and their use during congresses, conventions and primaries, remain valid and must be obeyed by political parties.

Ajulo also stressed that Section 84(2), which provides for direct primaries or consensus as methods of selecting candidates, must equally be respected.

He noted that although political parties have autonomy over their internal affairs, such autonomy must operate within the Constitution and other valid laws governing the electoral process.

The Ondo State Attorney-General further cited Section 287(1) of the Nigerian Constitution, which requires the decisions of the Supreme Court to be enforced by all authorities, persons and lower courts.

He said the Court of Appeal’s earlier contrary judgment could no longer be regarded as the prevailing position on the issues after it was set aside by the Supreme Court.

Ajulo urged political parties to review their membership registers, congress and convention arrangements, primary election procedures, nomination guidelines and electoral timetables to ensure compliance with the Electoral Act.

He also advised political aspirants to understand the legal requirements before participating in the electoral process, warning that candidates should emerge through lawful processes rather than seek to regularise questionable procedures through litigation after elections.

He called on INEC to issue clear guidelines to political parties and implement the Supreme Court’s interpretation consistently.

However, Ajulo cautioned that INEC must administer the law rather than create new requirements beyond those established by the National Assembly.

He also appealed to political actors and Nigerians to respect judicial decisions, particularly those of the Supreme Court, noting that disagreement with a judgment is permissible, but institutions and political parties cannot selectively obey decisions of the apex court.

Ajulo said the 2027 elections provide sufficient time for political parties and aspirants to identify and correct possible areas of non-compliance before they become legal disputes.

He concluded that while politics is based on competition, the rules governing that competition are determined by law, adding that the Supreme Court had spoken and its judgment should now be respected and implemented.

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