The Independent National Electoral Commission (INEC) has said the courts will ultimately determine the fate of candidates omitted from its list for the 2027 governorship and State Assembly elections.
The Commission has given aggrieved political parties and candidates 14 days, ending October 24, 2026, to petition it over the exclusions.
Mohammed Haruna, INEC National Commissioner and Chairman of its Information and Voter Education Committee, maintained that the Commission did not disqualify the affected candidates. Instead, he said some political parties failed to meet the legal requirements for submitting their membership registers.
Haruna said the Supreme Court had directed political parties to submit membership registers containing the names of their candidates.
He explained that INEC initially fixed April 21 for the submission but extended the deadline to May 10.
According to him, candidates whose names were absent from their parties’ submitted registers could not be accepted under the Commission’s interpretation of the legal requirements.
“If somebody is not happy with what we have done, of course they can go to court,” Haruna said, adding that INEC would comply with any court order overturning its decision.
He also disclosed that the Commission had already received several petitions from affected parties and would review them to ensure that the appropriate decisions were taken.
SAN Challenges INEC’s Power to Disqualify Candidates
However, Senior Advocate of Nigeria, Dr Monday Ubani, has challenged the legal basis for INEC’s action, arguing that the Commission cannot administratively disqualify candidates over alleged violations of the Electoral Act.
Ubani said his interpretation of the Supreme Court’s certified judgment in INEC v. Zenith Labour Party & Others did not support the automatic disqualification of candidates under Section 77(5)–(7) of the Electoral Act 2026.
He argued that the law distinguishes between a candidate’s personal qualification and a political party’s eligibility to nominate candidates.
According to him, the absence of a candidate’s name from a party membership register may raise questions about the nomination or primary process, but does not automatically amount to the candidate’s personal disqualification.
He added that failure to submit a membership register within the prescribed period could affect a party’s eligibility to field candidates without necessarily establishing that its candidates were personally disqualified.
Ubani further cited Section 88(2) of the Electoral Act, which provides a judicial remedy for certain violations involving party primaries.
He maintained that INEC should not convert every alleged breach of Section 77 into automatic disqualification without a judicial determination.
“The ultimate determination of a disputed nomination, where properly brought before the court, remains a matter for the judiciary,” he said.
The senior lawyer also argued that Section 29 of the Electoral Act, which deals with the submission of candidates’ lists, does not grant INEC unlimited judicial powers to conclusively determine disputes over the validity of party primaries.
NDC Heads for Legal Battle
Meanwhile, the Nigeria Democratic Congress (NDC) has challenged the exclusion of its governorship candidates from INEC’s list.
The party’s National Publicity Secretary, Osa Director, said the NDC had formally petitioned the Commission, insisting that its candidates met the constitutional and legal requirements.
He said the party would pursue all available legal options to secure the reinstatement of their names.
The NDC candidates affected include Aminu Abdulsalam Gwarzo in Kano State and Musa Shugaba-Abdullahi in Nasarawa State.
Kwankwasiyya Supporters Protest in Kano
The exclusion of Gwarzo has also triggered protests by supporters of the Kwankwasiyya movement in Kano.
The protesters, led by the NDC deputy governorship candidate, Mustapha Kwankwaso, marched to INEC’s office, where they submitted a petition demanding that Gwarzo’s name be restored.
Kwankwaso insisted that the party complied with the nomination requirements and described the exclusion as unjust.
The movement is demanding that INEC review its decision and recognise the party’s candidate.
Pantami Challenges Exclusion in Gombe
Former Communications Minister Isa Ali Pantami, whose emergence as the Peoples Democratic Party’s governorship candidate in Gombe State was reportedly validated by the court, has also challenged his omission.
Through his lawyer, Ahmed Raji, SAN, Pantami petitioned INEC over the decision.
Raji argued that removing a duly nominated candidate’s name is a judicial matter, citing Dingyadi & Anor v. INEC & Ors (2011) and other legal authorities.
The legal challenge adds to growing pressure on INEC to explain the criteria used in preparing its final list of candidates.
Ogun, Gombe and Other States Affected
INEC published its list of governorship and State Assembly candidates on October 9, 2026.
The list, signed by the Commission’s Secretary, Rose Oriaran-Anthony, included several candidates but excluded some prominent political figures.
Among those omitted were the PDP governorship candidates in Ogun and Gombe States, Ladi Adebutu and Isa Ali Pantami, respectively.
The NDC candidates in Kano and Nasarawa States were also missing from the list.
The publication generated controversy, with affected parties and supporters questioning the Commission’s handling of candidate nominations.
Questions were also raised over the inclusion of some candidates amid separate controversies surrounding their party membership and nomination processes.
October 24 Deadline Could Shape 2027 Election Battles
INEC’s 14-day window gives aggrieved political parties an opportunity to seek administrative review before pursuing further legal action.
However, the controversy has exposed a broader disagreement over the respective powers of the electoral commission and the judiciary in disputes involving candidate nominations.
While INEC maintains that it acted on its interpretation of the law and the Supreme Court’s judgment, affected parties insist that their candidates were validly nominated and should not be excluded without due process.
With the October 24 petition deadline approaching, the outcome of the complaints and subsequent court cases could determine which candidates remain eligible to contest the 2027 governorship and State Assembly elections.
The unfolding legal battles are expected to test the interpretation of the Electoral Act 2026 and clarify the extent of INEC’s authority in disputes over party membership registers, nominations and candidate eligibility.
