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Court Nullifies INEC Membership Deadline, Reopens Political Defection Window Ahead of 2027 Elections

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A Judgment delivered by Justice M.G. Umar of the Federal High Court, Abuja, nullifying the Independent National Electoral Commission (INEC)’s deadline requiring political parties to submit their membership registers by May 10, 2026, has introduced a major constitutional and electoral debate in Nigeria’s democratic process.

The court held that INEC could not lawfully abridge the statutory period provided under Section 29(1) of the Electoral Act, 2026, which stipulates that political parties shall submit the particulars of their candidates not later than 120 days before the election.

Consequently, the court ruled that political parties and intending defectors have until September 2026 to regularize party membership and submit relevant registers.

Truth be told, this decision appears legally authoritative when examined against the supremacy of statutory provisions over administrative guidelines.
Section 29(1) of the Electoral Act, 2026 is explicit and mandatory. Once the National Assembly has fixed a timeline for submission of candidates’ particulars, INEC, being a statutory creation, cannot shorten that period through regulations or administrative directives.

Administrative guidelines must derive validity from the parent statute and cannot contradict or override it.
This principle has long been settled in Nigerian jurisprudence: where there is a conflict between a statute and subsidiary legislation or administrative action, the statute prevails. INEC’s timetable and guidelines are therefore subordinate instruments which cannot curtail rights granted by the Electoral Act.

Justice Umar’s reasoning therefore aligns with established constitutional doctrine that delegated powers cannot exceed the enabling law.

INEC’s intention may not necessarily have been unlawful in purpose, though the court appears to have found it repulsive in practice.

Permit me to make the following assumptions for the Commission in this matter. INEC may have been motivated to create electoral stability and administrative convenience by that guideline. Again
INEC may probably have sought to stabilize party memberships early enough to prevent last-minute defections, confusion in primaries, and manipulation of candidate lists. Additionally, INEC may have intended to sanitize the process and reduce the abuse associated with politicians maintaining parallel loyalties across parties. And finally,
early submission of membership registers would have allowed INEC sufficient time to verify party memberships and prepare for primaries.

While these intentions from my assumption appear reasonable from an administrative standpoint, administrative convenience cannot override statutory rights created by legislation.

INEC no doubt possesses powers under the Constitution and Electoral Act to issue regulations, guidelines, and timetables for elections. However, such powers are limited by the doctrine of ultra vires. Once INEC issues a guideline inconsistent with the Electoral Act, that guideline becomes null and void to the extent of the inconsistency.

The Supreme Court has repeatedly held that subsidiary legislation cannot amend, vary, or diminish the provisions of a principal statute.
Therefore, if Section 29 grants political parties until 120 days before election to submit candidates’ particulars, INEC cannot indirectly defeat that provision by creating an earlier mandatory membership deadline that effectively forecloses participation.

The implications of this judgment in the political horizon are far-reaching.
The judgment effectively reopens the political transfer window. Politicians dissatisfied with outcomes in their present parties now have additional time to defect and secure nominations elsewhere.
This could trigger unprecedented political realignments before the 2027 elections. Secondly this decision significantly limits INEC’s ability to impose administrative deadlines outside the Electoral Act. It reinforces judicial scrutiny over electoral guidelines and may compel INEC to strictly align future regulations with statutory provisions.

Political parties may now experience prolonged uncertainty in membership structures, candidate negotiations, and internal democracy processes.

Given the national importance of this judgment, the matter may proceed to the Court of Appeal and possibly the Supreme Court for definitive interpretation of the scope of INEC’s regulatory authority under the Electoral Act.

On the positive side, the judgment reinforces a critical democratic principle: statutory bodies cannot govern beyond the powers expressly granted by law.

In conclusion, Justice Umar’s judgment appears substantially consistent with the doctrine of legality and the supremacy of statutory provisions over administrative regulations. While INEC’s intentions may have been driven by legitimate concerns over electoral orderliness and political discipline, the Commission cannot lawfully curtail timelines expressly guaranteed under the Electoral Act through administrative guidelines.
The ruling is therefore a strong judicial reminder that electoral management bodies, no matter how powerful, must operate strictly within the boundaries established by the Constitution and the Electoral Act.
As Nigeria approaches the 2027 elections, this decision may become one of the most consequential electoral rulings shaping party defections, candidate nominations, and the balance of power between INEC and the judiciary.

M.O . Ubani SAN
Legal Practitioner/Policy Analyst based in Abuja.

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ASCATIC CELEBRATES QUINTESSENTIAL LADY NANCY OGECHI PRECIOUS-CHINATU, Ph.D., ON HER BIRTHDAY

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The State Executives and members of ASCATIC have extended warm birthday felicitations to one of their distinguished members, Quintessential Lady Nancy Ogechi Precious-Chinatu, Ph.D., celebrating her remarkable personality, exemplary virtues, and invaluable contributions to the growth and development of the Council.

In a birthday message released to commemorate the occasion, ASCATIC described Lady Nancy as a woman of grace, integrity, compassion, and outstanding character, whose active participation, unwavering support, and meaningful contributions have continued to advance the ideals and progress of the noble Council.

Beyond her commitment to the organisation, Lady Nancy is celebrated as a loving mother, a virtuous wife, and a dependable source of joy and inspiration to her husband and children. Her friendliness, focus, God-fearing nature, and heart of gold reflect a life guided by faith, love, humility, and service to humanity.

Her impeccable integrity, sincerity, and dedication to the things she believes in have further distinguished her as a woman of admirable values and a worthy example to others. Her presence and contributions remain deeply appreciated by fellow members who recognise her as a valuable part of the ASCATIC family.

As she marks another year, the State Executives and members of ASCATIC pray that Almighty God will continue to bless her household, strengthen her faith, crown the works of her hands with success, and grant her sound health, lasting peace, greater accomplishments, and many more fruitful years.

The Council also expressed its appreciation for her dedication and support, wishing her renewed grace, greater achievements, and countless reasons to celebrate in the years ahead.

Happy Birthday to our Quintessential Lady Nancy Ogechi Precious-Chinatu, Ph.D.

May your new year usher in greater greatness, abundant blessings, enduring happiness, and glorious testimonies. May your light continue to shine brightly, inspiring lives and making a meaningful difference wherever you go.

Congratulations from all of us at ASCATIC. You are celebrated, appreciated, and dearly loved

 

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OZIOMA RALLIES ADC OSISIOMA LEADERS FOR 2027, TASKS WARD EXECUTIVES ON GRASSROOTS MOBILISATION

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Barr. Kelechi Ozioma Onyeobia, the African Democratic Congress (ADC) candidate for the Obingwa, Osisioma and Ugwunagbo Federal Constituency, has called for stronger party unity, strategic planning and intensified grassroots mobilisation ahead of the 2027 general elections.

On Wednesday, October 21, 2026, Onyeobia held an interactive meeting with the ADC Osisioma 5-Arms Local Government and Ward Executives in Osisioma Ngwa, Abia State, to assess the party’s progress, review mobilisation strategies and identify areas requiring improvement.

Speaking at the meeting, the ADC Chairman in Osisioma Ngwa, Hon. Obioma Ogbonna, commended the candidates for their commitment to the party’s growth and pledged continued support, urging leaders and stakeholders to sustain cooperation.

Other party leaders, including Hon. Emeka Ahukanna, ADC LGA Secretary; Hon. Michael Onyekwere, Ward 1 Chairman; and Hon. Chibuzor Akokwu, Ward 6 Chairman, highlighted ongoing efforts to strengthen the party through ward level engagement and grassroots mobilisation.

Similarly, Hon. Dan Onwutuebe, Osisioma Ngwa Coordinator of the Atiku Abubakar/Rotimi Amaechi Campaign Organisation, expressed confidence in Onyeobia’s candidacy and urged members to work collectively towards electoral victory in 2027.

The Deputy Director General and Osisioma Coordinator of the Ozioma Movement, Hon. Obinna Otuonye, also encouraged members to spread the OZIOMA message across communities, assuring them of an inclusive movement guided by the popular Igbo expression, “Onye ruo ma, ya eri ma”, emphasising the principle that everyone should have a role in collective progress.

Addressing the executives, Barr. Onyeobia urged them to remain united, proactive and committed to delivering victory for all ADC candidates. He stressed the need for consistent community engagement, wider dissemination of the party’s message and stronger collaboration among leaders and stakeholders.

He reaffirmed his commitment to working closely with party structures to build a stronger, more inclusive and electorally competitive ADC across the federal constituency.

The meeting underscored the importance of grassroots participation, effective leadership and party unity as the ADC intensifies preparations for the 2027 general elections.

 

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UBANI SAN CHARGES NBA ORON ON ACCOUNTABILITY, SECURITY AND PROFESSIONAL EXCELLENCE AS BAR CENTRE PROJECT TAKES OFF

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Senior Advocate says proposed NBA Oron House must promote mentorship, unity, institutional integrity and access to justice.

Dr. Monday Ubani, SAN, has called for a secure, dignified and professionally supportive environment for legal practitioners, stressing that the independence and safety of lawyers remain fundamental to the protection of the rule of law and the effective administration of justice in Nigeria.

Ubani made the call while delivering the keynote address as Chairman of the Occasion at the Nigerian Bar Association (NBA), Oron Branch, Law Week, held under the theme, “Legal Administration and Legal Practice in a Secured Environment.” The event featured the foundation-laying ceremony for the proposed NBA Oron House, Bar Centre, marking a significant step towards strengthening the branch’s institutional capacity and professional development.

The senior lawyer explained that security in legal practice extends beyond physical protection to include freedom from threats, intimidation and unlawful interference, as well as the protection of confidential information, digital security and institutional safeguards.

He maintained that lawyers must be able to perform their professional duties without fear of retaliation, particularly when challenging unlawful conduct or representing clients whose interests may conflict with those of powerful individuals or institutions.

Describing the proposed NBA Oron House as more than a physical structure, Ubani said the Centre should become a lasting professional home where lawyers can exchange ideas, access continuing legal education, receive mentorship and collaborate on legal aid and public-interest initiatives.

He urged the branch to ensure that the facility is adequately equipped with functional meeting rooms, legal research resources, private consultation spaces, administrative offices, reliable utilities and appropriate security arrangements. He also emphasised accessibility for persons with disabilities and the need for a sustainable maintenance plan.

Accountability, Transparency Essential to Project’s Success

 

Ubani stressed that the success of the Bar Centre would depend not only on the quality of its construction but also on the transparency, integrity and accountability of those responsible for its execution.

He called for proper documentation of financial contributions and expenditure, regular progress reports, professional procurement and construction standards, and a realistic completion and management plan.

He warned against allowing the facility to become the personal property of any administration or faction, insisting that it must remain an enduring institutional asset accessible to lawyers across generations and professional backgrounds.

Drawing on his experience in NBA leadership, including his service as Chairman of NBA Ikeja Branch, Second Vice-President of the Association and Chairman of NBA-SPIDEL, Ubani urged members to prioritise the collective interests of the legal profession above personal differences, electoral divisions and individual ambitions.

He observed that leadership tenures would eventually end, but institutions built on sound principles could serve generations to come.

Young Lawyers, Professional Development in Focus

The senior advocate also called for greater investment in young lawyers, noting that the proposed Centre should provide opportunities for mentorship, practical training, professional development and continuing legal education.

He identified the financial demands of establishing legal practice, technological changes, professional competition and the responsibility of maintaining ethical standards amid economic challenges as some of the difficulties confronting young practitioners.

According to him, a well-managed Bar Centre could help address these challenges, strengthen professional fellowship and prepare younger lawyers for greater responsibilities in the administration of justice.

Ubani further encouraged the NBA Oron Branch to use the facility as a platform for public service through legal awareness campaigns, pro bono services and constructive engagement on human rights, criminal justice reform, electoral integrity, constitutional governance and access to justice.

He emphasised that the credibility of the legal profession should not be measured solely by the respect lawyers command in courtrooms, but also by the confidence ordinary citizens repose in them.

Calls for Support Without Compromising Bar Independence

Ubani appealed to members of the Bench, government, traditional institutions, corporate organisations, business leaders, philanthropic individuals and other friends of the legal profession to support the project.

He, however, cautioned that partnerships and external support must not compromise the independence of the Bar or undermine its professional responsibilities.

Commending the leadership and members of NBA Oron Branch for initiating the project, he urged them to sustain the commitment and collective effort that had made the foundation-laying ceremony possible.

He said the true value of the completed Centre would not be determined merely by the beauty of its structure, but by the quality of lawyers it develops, the lives it touches and its contribution to justice and the rule of law.

Ubani expressed the hope that NBA Oron House would become a lasting symbol of professional excellence, institutional progress and service to humanity, built on the enduring foundations of unity, integrity, transparency and accountability.

Dignitaries Grace NBA Oron Law Week

The annual event attracted prominent members of the judiciary and the legal profession, including the Chief Judge of Akwa Ibom State, Hon. Justice Ekaette F. Obot, who was represented by Hon. Justice Effiong Offiong of the State High Court.

The Attorney-General of Akwa Ibom State, Uko Udom, SAN, was also represented by a director in the State Ministry of Justice. Several judges, magistrates and Bar leaders from Eket, Uyo and Ikot Ekpene attended the occasion.

The NBA Oron Branch is chaired by Ikara O. Ikara, Esq., while Chief Godwin Effiong serves as Chairman of the Annual Law Week Planning Committee.

The highlight of the event was the foundation-laying ceremony for the proposed NBA Oron House, led by Hon. Justice Effiong Offiong on behalf of the Chief Judge, Hon. Justice Ekaette F. Obot.

The ceremony was widely regarded as an important milestone in the branch’s drive to establish a permanent institutional facility that will strengthen professional interaction, support the development of lawyers and promote access to justice.

With the project now underway, the call by Ubani underscores the importance of ensuring that NBA Oron House becomes not merely a landmark building, but a centre of professional growth, ethical leadership, institutional accountability and public service.

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