The Senate has ruled out any review of the Electoral Act 2026 before the 2027 general elections, despite renewed concerns over provisions recently restored by the Supreme Court.
The Chairman of the Senate Committee on Media and Public Affairs, Yemi Adaramodu, said the National Assembly had concluded the electoral reform process and would not alter the law while preparations for the 2027 elections were already underway.
Adaramodu stated this in an interview while responding to questions on whether lawmakers would reconsider the Electoral Act following the Supreme Court judgment and concerns raised by political parties over some of its provisions.
According to him, the Electoral Act 2026 was enacted specifically to guide the 2027 elections and had already gone through the legislative process and received presidential assent.
He said, “We have already done the electoral reform and passed that one. It is meant for the 2027 elections. It is only after it that we can consider it for a review if there is any necessity or calls for amendments and rejigging. That’s when it can come up.
“Anybody who has any petition against it should submit to the Senate. But for us at the Senate and National Assembly, we have passed the Electoral Act into law. It has been assented to, and it is now in use.”
The senator argued that changing the law at this stage would amount to altering the rules of an electoral process that had already commenced.
“As you know, it is through the Electoral Act that parties produced the candidates who will contest in January and February. So, are you now going to shift the goalposts in the middle of the game? Are you going to play a football match in reverse? Do you tell them to walk backwards instead of running forward?
“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.
Adaramodu’s position came days after the Supreme Court restored Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act 2026, which had earlier been declared unconstitutional by the Court of Appeal.
A seven-member panel of the Supreme Court unanimously set aside the Court of Appeal judgment, holding that the disputed provisions were not inconsistent with the Constitution.
Sections 77(5), 77(6) and 77(7) concern political parties’ membership registers and participation in primaries, while Section 84(2) provides for direct primaries or consensus as methods of nominating candidates.
The Supreme Court ruling, however, has raised fresh questions about the possible implications of the restored provisions for candidates whose membership status, waivers or nomination processes could face scrutiny.
Despite the concerns, political parties, including the Peoples Democratic Party, Allied People’s Movement and Labour Party, have maintained that their candidates are not affected by the judgment.
Some affected candidates and political parties have also rejected suggestions that the Supreme Court ruling invalidates their candidacies.
The Nigeria Democratic Congress similarly dismissed concerns that the judgment could affect the candidacies of its presidential candidate, Peter Obi, his running mate, Rabiu Kwankwaso, and former Deputy Senate President, Ovie Omo-Agege.
The NDC National Publicity Secretary, Osa Director, had said the judgment should not be subjected to individual interpretations, adding that anyone challenging a candidate’s eligibility should approach the courts.
The Supreme Court ruling followed a legal dispute over the constitutionality of the affected provisions. The Court of Appeal had in July declared Sections 77(5), 77(6), 77(7) and 84(2) unconstitutional, prompting the Independent National Electoral Commission to appeal to the apex court.
With the Supreme Court having restored the provisions and the Senate insisting that the Electoral Act 2026 will remain in force for the 2027 elections, Adaramodu said any consideration of further amendments would have to wait until after the poll.
—By Damilare Adeleye
