The Senate has ruled out any amendment to the Electoral Act 2026 before the 2027 general elections, saying the legislation has already been enacted and should not be altered while preparations for the elections are underway.
Chairman of the Senate Committee on Media and Public Affairs, Yemi Adaramodu, said the National Assembly had concluded the latest electoral reform process and that any review of the law would only be considered after the 2027 elections.
Adaramodu stated this in an interview with The PUNCH while reacting to questions on whether the Senate would reconsider some provisions of the Electoral Act following the recent Supreme Court judgment restoring provisions relating to party membership registers and the nomination of candidates.
He said the Electoral Act was specifically enacted to provide the legal framework for the 2027 elections, adding that changing it at this stage could disrupt the electoral process.
“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.
According to him, individuals or groups with objections to any provision of the law are free to submit petitions to the Senate, but the National Assembly would not suspend or replace the existing legislation before the elections.
He said, “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.
“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?
“How do you halt an Electoral Act that is already in use for a new one? We are not going to do that.”
The senator’s position followed a September 24, 2026, Supreme Court judgment which restored Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act 2026.
The provisions had earlier been struck down by the Court of Appeal, which declared them inconsistent with the Constitution.
However, a seven-member panel of the Supreme Court, in a unanimous decision, overturned the appellate court’s judgment, holding that the disputed provisions were not unconstitutional.
Sections 77(5), 77(6) and 77(7) deal with political parties’ membership registers and participation in party primaries, while Section 84(2) provides for direct primaries or consensus as methods of selecting candidates for elective positions.
The Supreme Court judgment has since generated concerns over the possible implications of the restored provisions for candidates whose party membership, waivers or nomination processes could be challenged.
Despite the concerns, several political parties, including the Peoples Democratic Party, Allied People’s Movement and Labour Party, have maintained that their candidates remain valid following the apex court’s ruling.
The Nigeria Democratic Congress has also dismissed suggestions that the judgment could threaten the candidacies of its presidential candidate, Peter Obi; his running mate, Rabiu Kwankwaso; and former Deputy Senate President, Ovie Omo-Agege.
The legal dispute over the provisions began 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 at the Supreme Court, leading to the apex court’s unanimous ruling restoring the provisions.
With the Senate now insisting that the Electoral Act 2026 will remain the governing electoral law for the 2027 elections, any further review or amendment of the legislation is unlikely before the polls.
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