Electoral Act: Disband INEC Over Appeal Court judgment, Hashim Demands

• Says disputed actions could be affected by Supreme Court ruling

• Warns 2027 election must not become ‘coronation’

• Questions INEC’s appeal against nullified provisions

Accord Party presidential candidate and Co-Chairman of the Movement for Democratic Renewal, Dr. Gbenga Olawepo-Hashim, has called for the disbandment and reconstitution of the Independent National Electoral Commission (INEC), following the Court of Appeal judgment voiding some provisions of the Electoral Act 2026.

Hashim said the development had raised fundamental questions about the credibility and independence of the electoral body ahead of the 2027 general elections.

The Court of Appeal, in a July 16, 2026 judgment in Abuja, voided Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act 2026, which relate to political party membership registers and the nomination of candidates.

The judgment followed an appeal by the Zenith Labour Party (ZLP), after the Federal High Court had dismissed its suit challenging the constitutionality of the disputed provisions.

According to reports on the case, the ZLP argued that the provisions were inconsistent with Sections 221 and 222 of the 1999 Constitution and amounted to interference in the internal affairs of political parties. The Court of Appeal subsequently allowed the appeal in part and voided the provisions.

INEC, dissatisfied with the decision, appealed to the Supreme Court.

On Wednesday, September 16, the apex court heard arguments in the appeal before a seven-member panel led by Justice Adamu Jauro and reserved judgment for a date to be communicated to the parties.

Reacting to the development, Hashim said the implications of the Court of Appeal judgment were far-reaching, arguing that the status of actions taken under the disputed provisions would have to be considered in the light of the final decision of the Supreme Court.

He questioned why INEC would seek to sustain provisions that had already been declared inconsistent with the Constitution by an appellate court.

“The Constitution is supreme. The National Assembly makes laws. INEC administers elections. INEC is not the Parliament and INEC did not make the Constitution.

“So when a competent Court of Appeal declares specific provisions of an Electoral Act inconsistent with the Constitution, why is INEC fighting in court to restore those provisions rather than working with relevant political parties to address previous infractions?”

Hashim, however, acknowledged INEC’s legal right to challenge the Court of Appeal judgment at the Supreme Court, saying his concern was the institutional implication of the commission’s decision to pursue the appeal.

“Of course, INEC can appeal. The issue is not whether it has the right to appeal. The question Nigerians should ask is: what institutional interest does the electoral umpire have in sustaining provisions which a competent appellate court has declared inconsistent with the Constitution?”

He added: “Does this not raise questions about INEC’s complicity in the very process that Nigerians are asking it to be an umpire over?”

Hashim alleged that the commission’s position could undermine public confidence in Nigeria’s democratic process, describing INEC, as presently constituted, as a threat to the country’s democratic order.

“INEC is fighting in all courts, including the Supreme Court, wasting public resources to hire big lawyers to sustain provisions of the Electoral Act that contradict the Constitution,” he said.

He maintained that an electoral commission should be at the forefront of ensuring compliance with the Constitution rather than defending provisions whose validity was under judicial challenge.

“An electoral commission should be the first institution to insist on constitutional compliance.

“It should not be seen as defending a statutory arrangement that has been judicially declared unconstitutional, designed primarily by the ruling party legislators to constrict the democratic space.”

The Accord candidate also warned that the legal controversy reinforced his earlier concern that the 2027 electoral process could become a “coronation” rather than a genuine democratic contest.

“We warned ever before now that what INEC seeks to do in 2027 is a coronation, not an election,” he said.

Hashim argued that democracy was not limited to voting on election day, stressing that citizens and political party members must also have meaningful opportunities to participate in the selection of candidates.

“An election means that citizens and members of political parties genuinely participate in choosing their candidates and ultimately their leaders.

“A coronation is the presentation of a predetermined choice for public endorsement through a process that constricts rather than widens the political space.”

He added: “From all indication, INEC is supervising coronation, not conducting election.”

Hashim also criticised what he described as the silence of some opposition politicians and major media organisations over the legal dispute, arguing that the case deserved sustained public attention because of its implications for the 2027 electoral process.

“How can a Court of Appeal judgment declaring portions of the Electoral Act unconstitutional, followed by an appeal by INEC to the Supreme Court, not be one of the biggest stories in Nigeria?” he asked.

“How can a matter with direct implications for the rules governing political parties and candidates’ nomination ahead of the 2027 election receive so little sustained national attention?”

He urged Nigerians to pay attention to the constitutional issues before the Supreme Court, while stressing that such scrutiny should not interfere with judicial independence.

“I am asking Nigerians to understand what is before the Court. Judicial independence does not mean public silence,” Hashim said.

He also asked: “Where are the front-page investigations? Where are the prime-time constitutional debates? Where are the legal experts explaining to Nigerians what the Court of Appeal actually declared and what the Supreme Court has been asked to determine?”

Hashim said the Supreme Court’s decision would be important to the legal framework governing political parties, membership registers and candidate nomination ahead of the 2027 elections.

“The case is now before the Supreme Court. The parties have argued their positions. Judgment has been reserved,” he said.

He cautioned against a situation where Nigerians would only appreciate the significance of the legal dispute after the 2027 elections.

Hashim said his intervention should not be viewed solely from the perspective of his political ambition, insisting that his concerns were rooted in his commitment to democratic governance.

“I am not just a politician. I am first and foremost a crusader for the establishment and sustenance of the democratic order.

“My commitment to democratic governance predates this particular contest. I will continue to defend the Constitution and Nigeria’s democratic order; whether the issue concerns me personally or another Nigerian.”

He pledged to pursue the matter through lawful and constitutional channels and collaborate with individuals, political parties and organisations committed to democratic governance.

“I will pursue every lawful avenue available to defend democratic choice. I will challenge, through constitutional means, any action by public institutions which I believe compromises the democratic rights of Nigerians.”

Hashim consequently called for the disbandment and reconstitution of INEC, describing the proposal as necessary to restore public confidence in the electoral process.

“I believe INEC should be disbanded and reconstituted.

“This is not a call to abolish elections or destroy electoral administration. It is a call to rebuild the institution responsible for conducting our elections.”

He said Nigeria needed an electoral commission that was professionally competent, transparent, institutionally independent and firmly anchored in the Constitution.

“We need an electoral commission that is constitutionally grounded, professionally competent, transparent and genuinely independent of the political interests of the government of the day.

“INEC must be stronger than individual politicians. It must be stronger than the government. It must be stronger than the opposition. And its first loyalty must be to the Constitution and the democratic choice of Nigerians.”

Hashim further said Nigerians should be allowed to participate meaningfully in choosing their leaders through an electoral process that respected constitutional rights.

“The 2027 election must not become a ceremony for endorsing decisions already made elsewhere.

“It must be an authentic democratic contest in which the constitutional rights of political parties, candidates and voters are upheld.”

He concluded: “Nigeria needs an election, not a coronation; constitutional supremacy, not administrative complicity with evil and impunity; and democratic choice, not institutional capture.”