A Federal High Court in Lokoja, Kogi State, on Friday set aside its earlier judgment directing the Independent National Electoral Commission (INEC) to register the Nigeria Democratic Congress (NDC) as a political party.

Justice Isah Dashen, the presiding judge held that all relevant parties must be heard before any substantive decision can be made in the matter.

The court upheld the application filed by the Peace Movement Party (PMP), ruling that the party was a necessary party to the suit.

According to the judge, the earlier judgment was constitutionally defective as it was delivered without hearing from all interested parties.

He declared that such an omission rendered the entire process null and void.

Justice Dashen further ruled that the status quo be restored to what it was before the December 2025 judgment, pending the determination of the substantive suit.

He also observed that certain material facts were suppressed in the earlier proceedings, which justified the decision to set aside the judgment.

Consequently, the court ordered that the substantive suit should begin afresh, with INEC, the PMP and the NDC as parties to the case.

Counsel to the applicant, Chikezie Ekeocha, told journalists that the PMP approached the court after discovering that NDC’s registration was based on a logo it had previously submitted to INEC before the commencement of the suit.

According to Ekeocha, the court agreed that the applicant’s rights had been affected and consequently vacated the earlier judgment.

“The court has ordered all parties to return to the position they occupied before the judgment of December 10, 2025, and directed the claimants to join all necessary parties to ensure the issues in dispute are effectually and completely determined,” he said.

He explained that the implication of the ruling is that every action taken by INEC in compliance with the now-vacated judgment stands reversed.

“The recognition of the NDC, the issuance of its certificate of registration, its inclusion in INEC’s records, and any appearance on ballot papers arising from that judgment must be withdrawn pending the final determination of the substantive suit,” Ekeocha stated.

He, however, clarified that the substantive case remains before the court and has not been decided.

“The matter has not been concluded. The court merely set aside its previous judgment and directed that the party whose interests were affected be joined so that all sides can be heard before a fresh decision is reached.”

Ekeocha also dismissed suggestions that the court merely ordered parties to maintain the status quo, insisting that the ruling specifically directed a restoration of the position that existed before the December 10, 2025 judgment.

The ruling effectively returns the dispute over the registration of the NDC to the Federal High Court for a fresh hearing, with all relevant parties expected to participate before a new determination is made.

(NAN)

The Independent National Electoral Commission (INEC) says it is yet to receive budgetary allocations for the conduct of the 2027 general elections.

The INEC National Commissioner in charge of Voter Education and Publicity, Malam Mohammed Haruna, disclosed this on Thursday in Abuja.

Haruna spoke at a cross-sectorial interactive session organised by the Peering Advocacy and Advancement Centre in Africa (PAACA) in partnership with Legis360.

The “fireside chat”, which brought together political parties, civil society organisations (CSOs), and INEC officials, focused on the just-concluded Ekiti governorship election and INEC’s preparations for the 2027 general elections.

Haruna said although the commission was still awaiting the release of the funds, preparations for the conduct of successful 2027 elections were ongoing.

INEC had proposed a total budget of N873.78 billion for the 2027 general elections, with substantial allocations dedicated to election operations, technology and capital expenditure.

The national commissioner explained that the development was still within the time limit as per the Electoral Act, 2026, which provides that election funds due to the commission for any general election shall be released “not later than six months before the next general election”.

He, however, said that the commission was already making arrangements for the procurement of new election materials, including the Bimodal Voter Accreditation System (BVAS) and other machines that were damaged, lost or unrecovered during previous elections.

“Our director of ICT just returned from China regarding procurement because not all the BVAS devices used during the last general elections were recovered. Orders need to be placed, and these things take time,” he said.

Haruna also disclosed that the commission was planning to conduct mock presidential election exercises to test-run its technology deployment.

This, according to him, is part of efforts to avoid a repeat of the technical glitches that affected the INEC Result Viewing (IReV) portal during the 2023 presidential election.

Responding to concerns over the high cost of conducting elections in Nigeria, Haruna advised citizens to look beyond the total figure and consider the realities of election administration, noting that the cost of elections in Nigeria remained relatively low when compared to other nations.

“This N800 billion plus sounds humongous, but when you calculate the average cost per voter, it is about six dollars, which is reasonable for a country such as Nigeria.

“People forget that virtually everything we use is imported. The BVAS devices and a lot of other election materials are imported. Exchange rate fluctuations also affect these costs,” he said.

On conflicting court judgments and orders, Haruna said that the trend remained a major challenge to the commission’s operations.

He cited how last-minute court orders, received between 24 and 48 hours before the Ekiti governorship election, disrupted administrative workflows and the production of election result sheets.

“When a court gives a last-minute injunction to include parties like the National Democratic Congress (NDC) and the African Democratic Congress (ADC), we are forced to reconfigure the software and update physical materials instantly.

“This leaves very little room to test the systems extensively, though we still manage to achieve substantial compliance with the rules,” Haruna said.

He, however, said that the commission was taking steps to engage relevant judicial authorities on the issue, noting that a similar approach was adopted by the immediate past leadership of the commission under Prof. Mahmood Yakubu ahead of the 2023 general elections.

Addressing recent concerns over a viral report of a data breach, the national commissioner assured Nigerians that INEC maintains strict data protection and internal accountability protocols.

He disclosed that an electoral officer who intentionally leaked sensitive data as part of a personal vendetta against a political actor had been suspended.

According to him, the matter has been reported to the Nigeria Data Protection Commission (NDPC) while waiting for the police and the Department of State Services (DSS) to finalise criminal investigations.

Reviewing the Ekiti governorship election, Haruna described INEC’s field logistics and technology performance as highly successful, noting that the BVAS machines performed optimally with a 98 per cent successful accreditation rate.

He said while there were minor technical hitches, particularly with the biometric capture of elderly voters due to ageing physical features, INEC’s technical support teams resolved them promptly.

He, however, lamented that vote buying remained a worrisome trend, noting that voters were observed openly waiting in lines for financial inducements from politicians before casting their ballots.

A former Chairman of the Independent National Electoral Commission (INEC), Professor Attahiru Jega, has raised concerns over some sections of the 2026 Electoral Act, calling for urgent amendment.

He maintained that regardless of the lofty intentions of the act to add value to the integrity of elections in Nigeria, it contains “issues of serious concern” and some areas that require further contemplation in order to remove ambiguities and strengthen the efficacy of the electoral law.

Prof Jega made the observations in a paper titled “Some Reflections on the 2026 Electoral Act and Nigeria’s Electoral Democracy,” delivered at a public presentation of “A Collection of Essays: Readings on the Legislature,” authored by a policy expert, Prof Ladi Hamalai, on Wednesday, in Abuja.

He identified some “grey provisions” in the act that require immediate review to include Section 60(3) that borders on the electronic transmission of election results; Section 83(5), which restrains courts from entertaining any suit on the internal affairs of a political party and Section I38 (1), which excludes qualification as a ground for post-election challenge.

The professor of political science lauded the electoral law for mandating the electronic transmission of results, but expressed worry over the clause in the provision that makes the result sheet – Form EC8A – the primary collation document, where electronic transmission fails.

While acknowledging that the clause anticipates the need to fall back on Form EC8A if all efforts at electronic transmission fail, Jega warned it could be a recipe for election malpractice, noting that “given what we know about the Nigerian environment and the desperation of the ‘do-or-die’ politicians, there shouldn’t be such a vague provision, which would be used to truncate electronic transmission, in favour of manual transmission of results, which is easier to fraudulently manipulate and exploit.”

“Besides, there is an undue emphasis on reliance on data on the IReV portal for final determination of results in case of transmission failure. If this is so, there is a misunderstanding of the fact that IReV transmitted data is for public ‘viewing’ purposes only. The data to be relied upon in result declaration should be the backend result compilation database, which ideally is more secure, not publicly accessible, and less susceptible to fraudulent intrusion,” he added.

The former INEC chair described Section 83(5) as a sweeping generalisation that needs to be moderated, wondering how courts could be denied the power to entertain “internal affairs” of a political party that contradict constitutional provisions, such as those bordering on fundamental rights and the rule of law.

Recall that a former INEC Resident Electoral Commissioner, Mike Igini, had also raised the alarm over Section 63 of the act, warning that it could open the door to electoral manipulation ahead of the 2027 general elections.

Jega further questioned the constitutionality of excluding qualification as a ground for post-election matters, citing Section 131 of the 1999 Constitution, which recognises at least a school certificate or its equivalent as part of the requirements for any individual seeking to run for elective positions.

“Besides, it is a very good provision in the previous acts, which has been put to good use, and there does not seem to be any rational justification for removing it; unless, of course, if some certificate fraudsters and qualification racketeers would like to have an unrestricted field day,” he said.

He recommended urgent amendment to the 2026 Electoral Act “within the AU/ECOWAS protocols, which require all amendments to and reviews of the electoral legal framework to be completed at least six months to the general elections.”

As of today (Friday), the 2027 general election is six months and a week away, based on the revised INEC timetable, casting doubt on possible amendments. The presidential and National Assembly elections are slated for January 16, 2027, while the governorship and State Houses of Assembly elections will be held on February 6, 2027.

Prof Jega further identified other pertinent reforms to the electoral legal framework that should be addressed “at the earliest opportunity” after the 2027 elections. He said those reforms are persistent carry-overs from recommendations made by panels such as the Justice Muhammad Lawal Uwais Electoral Reform Committee.

The scholar stressed that to strengthen the independence of INEC, the power of appointment of the chairman and national commissioners should be taken away from the president, “to free the commission from the damaging negative perception of he who pays the piper calls the tune.”

He said INEC should be “unbundled” to enable it to focus on preparation and conduct of elections, while other agencies should be entrusted with the prosecution of electoral offenders, constituency delimitation, registration and regulation of political parties.

Jega recommended that beyond party registrations, there should be a stringent legal threshold political parties must cross before they could vie and field candidates for elective positions, especially offices of governor and president.

He maintained that the campaign finance limits – N10 billion for presidential candidates; N3bn for governorship candidates; N500 million for senatorial candidates; N250m for House of Representatives candidates; N100m for State House of Assembly candidates – are high and encourage monetisation of the electoral process. He called for a downward review and effective oversight by regulatory and law enforcement bodies to ensure compliance.

Jega said electoral reforms undoubtedly play a major role in shaping how citizens view the democratic process and whether they choose to participate in it. He urged that prolonged delay in reviewing and improving the electoral legal framework should be avoided, adding that reforms at every electoral cycle are commendable and should be sustained.

“But reform measures must be products of broad-based consultations, as nationalistic, patriotic and selfless endeavours by legislators, the government in power and key stakeholders, with a clear focus on adding remarkable value to electoral integrity and sustainable participatory democratic development,” he stated.

Jega said when reforms improve transparency, access and fairness, they strengthen public trust in democratic institutions and encourage greater voter turnout, civic engagement and participation as well as accountability of elected officials to the electorate.

“While the National Assembly and all stakeholders involved deserve commendation for ensuring that the 2022 Electoral Act was replaced by the 2026 Electoral Act, within one electoral cycle, some misplaced, whether unintended, are deliberately and selfishly introduced, have tended to undermine the corrective efficacy of the new law. These may need to be looked at and remedied as soon as possible,” he added.

In a country like Nigeria, Jega insisted that building trust through inclusive and well-implemented electoral reforms is critical to long-term, sustainable, democratic development, highlighting the major responsibility of courts in interpreting electoral provisions to safeguard the integrity of the electoral process.

“There are serious worrisome concerns emanating from the judicial quarters, in this regard, with willful acts by reckless judges/justices, acts of ‘judicial rascality’, which undermine not only electoral integrity and democratic development, but also integrity of the courts, and which the NJC (National Judicial Council) needs to swiftly nip in the bud.

“A good legal framework is a necessary condition for electoral integrity and desirable, sustainable democratic development. But it is not a sufficient condition. Other requirements include democratic character, mindset and disposition of the political parties and the politicians that populate them; enlightened and actively participating citizenry; and institutions that discharge their responsibilities effectively, efficiently and with integrity. It is a good combination of all these that puts a country in transition to democracy on the trajectory for stable, sustainable democratic development.

“Indeed, all hands need to be firmly on deck, to ensure a conducive environment for the preparation and conduct of the 2027 general elections with integrity; and improving the prospects of stable, sustainable democratic development in Nigeria,” he concluded.