Legal practitioner, Ekemini Udim, has clarified that the Electoral Act does not expressly prohibit any Nigerian from joining a political party after the party has submitted its membership register to the Independent National Electoral Commission.
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Udim stated this on Friday during an interview on Channels Television’s The Morning Brief, while reacting to the Federal High Court judgment that nullified parts of INEC’s timetable for the conduct of party primaries and nomination of candidates ahead of the 2027 general elections.
The Federal High Court in Abuja had nullified INEC’s timeline after holding that the commission could not issue a timetable or guideline that conflicts with the Electoral Act 2026. The court also voided INEC’s May 10 deadline requiring political parties to submit their membership registers and databases.
The judgment followed a suit filed by the Youth Party, which challenged the commission’s timelines as being inconsistent with the statutory 120-day pre-election requirement for submission of candidates’ names.
Speaking on the implication of the ruling, Udim said the court was simply reminding INEC that it is a creation of law and must act strictly within the powers granted to it by the Electoral Act.
According to him, while INEC has the power to issue guidelines and timetables for elections, such guidelines must be in line with the provisions of the Electoral Act.
“The court is simply saying to INEC that you do not have the right to make provisions in your timetable contrary to the provisions of the Electoral Act,” Udim said.
He explained that Section 29 of the Electoral Act provides that every political party shall submit the list of its candidates to INEC not later than 120 days before the general election.
Udim said this means political parties are entitled to submit their candidates’ names any time before the 120-day deadline, and INEC cannot lawfully reject such submissions simply because they were not made within the earlier dates fixed by the commission.
He said: “A political party that is unable to submit its list to INEC between now and the end of this month will still have up to around August or September to submit the names to INEC. INEC will be under an obligation to accept because the Electoral Act says 120 days before the election.”
On Section 77(4) of the Electoral Act, which requires political parties to make their membership registers available to INEC not later than 21 days before primaries, congresses or conventions, Udim said the provision does not expressly state that a person whose name is not in the earlier register cannot emerge as a candidate of the party.
“If you look at Section 77, it doesn’t say that anybody whose name is not in the register submitted to INEC 21 days before the primaries cannot emerge as the candidate of that political party,” he said.
He argued that, since the law does not clearly disqualify such a person, a citizen can still join a political party after the register has been submitted and remain qualified to stand for election.
According to him, party membership registers can also be updated from time to time because citizens cannot be shut out from joining political parties of their choice.
“You can continue to update the register with INEC from time to time because you cannot shut citizens of the country out from registering and becoming members of a political party. It is a constitutional right, and the Constitution has not provided any time limit for one to belong to a political party,” he stated.
Udim said some provisions of the Electoral Act appear capable of conflicting with the constitutional right of citizens to freedom of association and membership of political parties.
He maintained that the Constitution does not prescribe a time limit within which a Nigerian must join a political party before being eligible to participate in the political process.
“At any time, you can join a political party a day before election, two days before election, because it is a constitutional right,” he said.
He added that when Section 77 of the Electoral Act is placed side by side with the constitutional right to belong to a political party of one’s choice, the Constitution should prevail.
The lawyer also faulted INEC’s campaign deadline in the 2027 timetable, noting that while INEC’s timetable required campaigns to stop two days before election day, Section 98 of the Electoral Act allows campaigns until 24 hours before the election.
“As an electoral body, you cannot provide a timetable that is in conflict with the clear provision of the Electoral Act because it is the Electoral Act that gives you the power to make the timetable,” he said.
On the practical effect of the judgment, Udim said political parties that have already conducted their primaries do not need to repeat the process.
According to him, the phrase “not later than 120 days” means political parties may submit their candidates’ names earlier if they are ready, but INEC cannot reject submissions made within the statutory window.
He said parties that are yet to conclude their primaries can still continue membership registration, submit updated registers, conduct primaries and forward the names of their candidates to INEC within the legally permitted period.
Udim added that the ruling gives political parties more time to “get things right” before the 2027 general elections.
He said: “Any political party that has conducted its primaries and the names are ready for submission to INEC can go ahead and submit. But INEC does not have the power under the law to stop a political party whose own is not ready, so long as that party submits not later than 120 days before the election.”
On the political implication of the judgment, Udim said the decision may open a wider window for dissatisfied politicians to move from one party to another, especially where they are disqualified, denied tickets or dissatisfied with the outcome of party primaries.
He noted that while political stability and ideological consistency are desirable, the Constitution does not currently bar citizens from moving from one political party to another, except in specific circumstances involving legislators.
“With this judgment of the Federal High Court, it appears that the window has been opened for any dissatisfied person to move from one political party to another, register, and ensure that the political party conducts its primaries and sends the names of candidates to INEC not later than 120 days before the election,” he said.
Udim said he did not see any successful legal challenge against such movement, provided the affected political party conducts its primaries and submits the candidate’s name within the statutory timeframe.
He also dismissed concerns that the ruling would make election planning impossible for INEC, arguing that the commission should be able to rely on technology to process submissions from political parties.
According to him, INEC has received substantial public funding over the years to build its website, database and electronic systems, and should be able to process names and documents electronically without major difficulty.
He said the real challenge in Nigeria is that many institutions still treat processes manually despite the availability of technology.
Udim further advised political parties to review their constitutions and internal rules to ensure they align with the Constitution and the Electoral Act.
He noted that provisions in party constitutions allowing waivers for new members seeking elective office may become more important in view of the judgment and the possible movement of politicians across party lines before the 2027 elections.
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