The Senate has ruled out any fresh review of the Electoral Act 2026 ahead of the 2027 general elections, insisting that the law will remain the framework guiding the conduct of the forthcoming polls.
The decision follows the recent Supreme Court judgment restoring key provisions of the Electoral Act relating to political party membership registers and the nomination of candidates.
Chairman of the Senate Committee on Media and Public Affairs, Senator Yemi Adaramodu, said the National Assembly had concluded the latest electoral reform process and would not amend the law while preparations for the 2027 elections were already underway.
Adaramodu disclosed this in an exclusive interview with The PUNCH, while responding to questions on whether the Senate would reconsider some provisions of the Act following the Supreme Court judgment and concerns expressed by political parties.
He said the Electoral Act 2026 was specifically enacted to provide the legal framework for the 2027 elections and that any review should only be considered after the elections.
“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,” he said.
The senator said while individuals or organisations with objections to any provision remained free to petition the Senate, the National Assembly would not suspend or alter a law that had already been enacted and was being implemented.
“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,” Adaramodu stated.
He argued that changing the rules at this stage could disrupt the electoral process, particularly as political parties had already begun using the Act in preparing for the 2027 elections.
“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?” he asked.
The Senate’s position comes shortly after the Supreme Court restored Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act 2026, overturning an earlier decision of the Court of Appeal which had declared the provisions unconstitutional.
A seven-member panel of the apex court unanimously held that the disputed provisions were not inconsistent with the Constitution and consequently set aside the judgment of the Court of Appeal.
Sections 77(5), 77(6) and 77(7) deal with political parties’ membership registers and requirements for participation in party primaries, while Section 84(2) provides for direct primaries or consensus as methods through which political parties may nominate candidates.
The Supreme Court ruling has, however, generated fresh debate over its possible implications for candidates whose party membership status, waivers or nomination processes could be subjected to legal scrutiny.
Despite the concerns, several political parties, including the Peoples Democratic Party, Allied People’s Movement and Labour Party, have maintained that their candidates remain eligible to participate in the 2027 elections.
Some candidates and political parties have also rejected suggestions that the apex court judgment automatically invalidates existing 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 party’s National Publicity Secretary, Osa Director, argued that the Supreme Court judgment should not be subjected to individual interpretations, adding that anyone questioning the eligibility of a candidate should seek judicial determination.
The legal dispute over the provisions arose after the Court of Appeal, in July, declared Sections 77(5), 77(6), 77(7) and 84(2) unconstitutional.
The Independent National Electoral Commission subsequently appealed the decision to the Supreme Court, which eventually restored the disputed provisions in its September 24, 2026 judgment.
With the apex court having settled the constitutional dispute and the Senate ruling out another review before the 2027 elections, the Electoral Act 2026 is expected to remain the operative legal framework for the forthcoming polls.
Adaramodu’s position also signals that any proposed amendments arising from concerns over the implementation of the law are likely to be considered only after the 2027 elections, rather than during the ongoing electoral preparations.
