Date: 2 August 2026
PRESS RELEASE
INEC'S UNLAWFUL EXCLUSION OF THE LEGITIMATELY NOMINATED SOCIAL DEMOCRATIC PARTY CANDIDATES FOR THE 2027 GENERAL ELECTION: AN ASSAULT ON THE RULE OF LAW, DEMOCRACY AND THE ELECTORAL PROCESS
Social Democratic Party (SDP) expresses its profound disappointment and unequivocal condemnation of the Independent National Electoral Commission's (INEC) unlawful exclusion of the duly nominated candidates of the Social Democratic Party from the publication of the personal particulars (Form EC9) and nomination documents of Presidential and National Assembly candidates for the 2027 General Election made on 1 August 2026 pursuant to Section 29(3) of the Electoral Act, 2026 (as amended).
The Commission's action is not only contrary to the Electoral Act, 2026 (as amended), but also constitutes a blatant disregard for the Constitution of the Federal Republic of Nigeria, the Constitution of the Social Democratic Party, and the binding judgments of competent courts. It represents an unprecedented affront to the rule of law and threatens the integrity of Nigeria's democratic process.
The Electoral Act leaves no room for ambiguity regarding the nomination of candidates by political parties. Section 84(1) of the Electoral Act, 2026 (as amended), provides that:
"A political party seeking to nominate candidates for elections under this Act shall hold primaries for aspirants to all elective positions which shall be monitored by the Commission."
In faithful compliance with this mandatory statutory provision, the Social Democratic Party duly notified INEC of its primary elections for the nomination of candidates for the 2027 General Election. INEC acknowledged the notices, deployed its officials to monitor the primaries, and supervised the democratic processes through which the Party's candidates emerged. Having monitored those primaries as required by law, it is legally indefensible and administratively irrational for INEC to reject the very outcome of an electoral exercise it supervised and instead publish the names of individuals who neither emerged from nor participated in the lawful primary elections conducted by the legitimate leadership of the Party.
It is equally important to restate that on 20 May 2026, the Social Democratic Party conducted its National Convention at Bola Ahmed Tinubu International Conference Center, Abuja, with Live coverage by AIT,NTA and other media organizations , was duly monitored by INEC. At that Convention, the National Officers of the Party were validly elected in accordance with the Constitution of the Social Democratic Party and the Electoral Act.
Furthermore, the Supreme Court, in its judgment relating to the leadership dispute within the Party, directed that the status quo existing before the judgment of the Federal High Court be maintained. The legal implication of that decision is clear and unequivocal: the leadership of the Social Democratic Party under Alhaji Shehu Musa Gabam remained the lawful National Executive of the Party. This legal position was further reinforced by the subsequent judgment of the Federal High Court, which expressly reaffirmed the legitimacy of Alhaji Shehu Musa Gabam as the National Chairman of the Social Democratic Party. That judgment remains valid, subsisting, and binding on all persons and authorities throughout the Federal Republic of Nigeria until set aside by a court of competent jurisdiction.
It is a settled principle of constitutional law that every authority and institution established under the Constitution, including INEC, is under a legal obligation to obey and faithfully implement valid and subsisting judgments of competent courts. INEC possesses no constitutional or statutory authority to determine which court order it will obey and which it will ignore. Any action taken in defiance of a subsisting court judgment constitutes a direct challenge to the authority of the judiciary and undermines the constitutional doctrine of separation of powers.
Despite these clear legal obligations, INEC proceeded on 1 August 2026 to publish the personal particulars and nomination documents of Presidential and National Assembly candidates for the 2027 General Election while unlawfully excluding the legitimate candidates of the Social Democratic Party who emerged from valid primary elections monitored by the Commission itself. Rather than publishing the candidates nominated through the lawful processes conducted under the leadership of Alhaji Shehu Musa Gabam, INEC chose to publish the names of persons who did not emerge from those duly monitored primaries.
Such conduct is arbitrary, unlawful, unreasonable, and inconsistent with the provisions of the Electoral Act. It fundamentally undermines the sanctity of party primaries and creates the dangerous impression that the Commission can supervise a primary election, acknowledge its validity, and thereafter substitute the outcome with persons who did not emerge through that democratic process.
Social Democratic Party maintains that every one of its candidates whose names were submitted by the lawful National Leadership emerged from valid primary elections conducted within the time prescribed by law and in full compliance with the Electoral Act, the Party Constitution, and the Guidelines issued by INEC. Their unlawful exclusion from the published list is therefore a violation of their constitutional and statutory rights as duly nominated candidates of the Party.
This development, if allowed to stand, establishes a dangerous precedent capable of eroding public confidence in Nigeria's electoral process. It threatens the constitutional autonomy of political parties, weakens the democratic rights of party members, and creates uncertainty in the administration of elections. No democratic society governed by the rule of law can permit an electoral management body to disregard the outcome of primary elections it monitored or to act in disregard of valid and subsisting judgments of competent courts.
Social Democratic Party remains firmly committed to constitutional democracy, the supremacy of the law, and the protection of the democratic mandate freely expressed by its members. The Party will continue to pursue every lawful and constitutional remedy available to ensure that justice prevails and that the integrity of Nigeria's electoral process is preserved. Democracy can only flourish where the law is respected, judicial decisions are obeyed, and public institutions faithfully discharge their constitutional responsibilities without fear, favour, or political influence.
Signed
Zakari Nadabo
National Publicity Secretary
Social Democratic Party (SDP)
