ABUJA — The Nigerian Senate has ruled out amending the Electoral Act 2026 before the 2027 general elections, saying that changing the rules while parties are already preparing for the polls would amount to “shifting the goalposts.”
The Chairman of the Senate Committee on Media and Public Affairs, Yemi Adaramodu, said the National Assembly had completed the latest electoral reform process and that the law, already assented to by President Bola Tinubu, would govern the 2027 elections.
Adaramodu said any demand for further amendments would have to wait until after the elections.
“We have already done the electoral reform and passed that one. It is meant for the 2027 elections,” he said, adding that the law could only be reviewed after the poll if there were sufficient calls for amendments.
The senator’s position follows a September 24, 2026, Supreme Court judgment that restored key provisions of the Electoral Act after the Court of Appeal had declared them unconstitutional.
Supreme Court restores disputed provisions
A seven-member panel of the Supreme Court unanimously overturned the Court of Appeal’s decision and upheld Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act 2026.
The provisions cover important aspects of political party membership and candidate selection.
Sections 77(5) to 77(7) relate to party membership registers and participation in party primaries, while Section 84(2) provides for direct primaries or consensus as methods of selecting candidates.
The Supreme Court ruling has nevertheless raised questions over the status of candidates whose party membership, waivers or nomination processes could be challenged under the restored provisions.
Senate says 2027 rules are already in force
Adaramodu rejected the prospect of immediately reopening the legislation, arguing that political parties had already commenced the process of selecting and presenting candidates under the new law.
“As you know, it is through the Electoral Act that parties produced the candidates who will contest in January and February,” he said.
He likened changing the law at this stage to altering the rules of a football match after it had already begun.
“How do you halt an Electoral Act that is already in use for a new one? We are not going to do that,” he said.
The senator, however, said individuals or organisations with complaints about the law remained free to submit petitions to the Senate.
Parties defend candidates
The Supreme Court ruling has generated fresh debate among political parties and candidates, but several parties have insisted that their candidates remain eligible for the 2027 elections.
The Peoples Democratic Party, Allied People’s Movement and Labour Party, among others, have rejected suggestions that the judgment automatically invalidates candidates selected under their respective processes.
The Nigeria Democratic Congress (NDC) also dismissed concerns that the ruling could affect the candidacies of its presidential candidate, Peter Obi, running mate Rabiu Kwankwaso, and former Deputy Senate President Ovie Omo-Agege.
NDC National Publicity Secretary Osa Director said the Supreme Court ruling should not be subjected to individual interpretations and argued that anyone challenging a candidate’s eligibility should take the matter to court.
Legal battle over Electoral Act
The controversy followed a legal challenge to the constitutionality of the disputed provisions.
The Court of Appeal had in July declared Sections 77(5), 77(6), 77(7) and 84(2) unconstitutional. The Independent National Electoral Commission (INEC) subsequently appealed the decision to the Supreme Court.
The apex court’s unanimous judgment reversed the appellate court’s decision and restored the provisions.
With the Supreme Court now having settled the constitutional challenge and the Senate ruling out further legislative changes before the election, the Electoral Act 2026 is set to remain the legal framework for the 2027 general elections.
Any major legislative review, according to the Senate, will have to wait until after Nigerians have voted.
The decision places the focus squarely on INEC, political parties, and the courts to resolve any disputes arising from applying the restored provisions ahead of the 2027 polls.
Source: The Punch
