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Who Gets Locked Out? Questions Trail Section 77(5) Of Electoral Act Debate

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Fresh political conversations are emerging around Section 77(5) of the Electoral Act, 2026, following claims that only party members whose names appear in registers submitted to INEC ahead of primaries may participate in candidate selection processes.

The debate gained attention after reports surfaced from an affidavit linked to the Nigeria Democratic Congress (NDC), where concerns were reportedly raised about the implications of the provision ahead of the 2027 elections.

According to the interpretation attracting public discussion, political parties are expected to transmit their membership registers to the Independent National Electoral Commission (INEC) before conducting primaries, while only individuals captured in those registers may vote or be voted for during party conventions and primary elections.

While supporters argue the measure could strengthen party structure, reduce manipulation, and improve internal accountability, critics fear it may also create new barriers within Nigeria’s already tense political environment.

The growing concern is simple: who gets locked out?

Observers say the issue goes beyond technical legal language. Questions are now being asked about how the provision could affect new entrants into political parties, late defectors, coalition arrangements, and emerging political movements ahead of 2027.

Some analysts believe strict enforcement of party register deadlines could make it harder for politicians switching parties close to elections to participate fully in primaries. Others fear internal party power blocs may weaponise membership verification processes against perceived rivals.

The controversy has also triggered wider reflections about internal democracy within political parties.

In recent years, party primaries in Nigeria have repeatedly generated disputes, court cases, and accusations of exclusion. Critics argue that if transparency mechanisms are not properly monitored, membership registers themselves could become tools of political control rather than instruments of order.

Supporters of the law, however, insist that properly documented party membership is necessary to curb irregularities and prevent manipulation during primaries.

They argue that political parties cannot claim to operate democratically while lacking credible membership records.

Still, the debate appears far from over.

With political realignments already quietly shaping the road to 2027, many observers believe the interpretation and implementation of Section 77(5) could eventually become one of the most consequential electoral issues in the country.

For now, the larger question remains unresolved: is the law protecting the integrity of party primaries or quietly determining who gets excluded before the contest even begins?

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