…questions INEC’s fight to restore provisions Court of Appeal declared unconstitutional
Accord Party Presidential candidate and Co-Chairman of Movment for Democratic Renewal Dr. Gbenga Hashim, has called for the disbandment and reconstitution of the Independent National Electoral Commission (INEC) over its blatant disregard of a Court of Appeal judgment on the Electoral Act.
The Court of Appeal had voided Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act 2026, and held that the provisions were inconsistent with Sections 221 and 222 of the 1999 Constitution, as amended.
Hashim said the implication of the July 16, 2026 judgment of the Court of Appeal in Abuja instituted by the Zenith Labour Party (ZLP) is far-reaching, arguing that actions taken by INEC under provisions subsequently declared inconsistent with the 1999 Constitution (as amended) could no longer stand.
The judgment followed an appeal by the Zenith Labour Party challenging provisions dealing with political party membership registers and candidate nomination including the timetable and schedule of INEC activities .
The Court of Appeal held that ordinary legislation cannot impose restrictions on political parties that conflict with powers already guaranteed by the Nigerian Constitution (as amended).
The Court of Appeal also stated that, “no other condition contained in a subsidiary law could disqualify an individual already qualified by the Constitution.”
Dr. Hashim insisted that reconstitution of the electoral body is germane to a transparent and credible 2027 general election.
Furthermore, he described ‘everything INEC has done’ under the disputed legal framework as a nullity; pending the final determination of the matter by the Supreme Court.
Hashim questioned why the electoral commission would seek to sustain statutory provisions which the Court of Appeal had declared inconsistent with the Constitution.
“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?”
INEC has appealed the judgment to the Supreme Court.
On Wednesday, September 16, 2026, the Supreme Court heard arguments in the appeal and reserved judgment.
A seven-member panel, led by Justice Adamu Jauro, said the date for judgment would be communicated to the parties.
Regardless, Hashim stressed that his objection was not against INEC’s legal right to 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?’
“Does this not raise questions about INEC’s complicity in the very process that Nigerians are asking it to be an umpire over?”
Hashim warned that the commission’s action could described as going against Nigeria’s democracy.
“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 contradicts the Constitution. INEC is complicit in the perfidy to rape Nigeria’s democracy.
“INEC, as presently constituted, is a threat to Nigeria’s democratic order.”
According to Hashim, an electoral commission should be the first institution to insist on constitutional compliance rather than defend statutory provisions that have been judicially declared inconsistent with the Constitution.
“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”
Hashim said the development reinforces warnings he had made before now 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 the danger was not limited to election day, arguing that democracy also depends on whether citizens and political party members are allowed to genuinely participate in selecting 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,” and added that, “from all indication, INEC is supervising coronation, not conducting election.”
Hashim also criticised what he described as the silence of some opposition candidates who, according to him, had become less vocal after securing party tickets.
“Some opposition candidates are deceived because they have been given gate-pass to attend the coronation ceremony and so, have lost their voices.
“We shall continue to speak because we are not just politicians. We are democrats.”
Hashim also questioned what he described as the “conspiracy of silence” of major media organisations over the Court of Appeal judgment and subsequent Supreme Court proceedings.
“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?
“How can a matter with direct implications for the rules governing political parties and candidates nomination ahead of 2027 election receive so little sustained national attention?”
He said Nigerians deserve to understand the constitutional questions before the Supreme Court without any attempt to interfere with judicial independence.
“I am asking Nigerians to understand what is before the Court. Judicial independence does not mean public silence,” Hashim insisted.
He questioned why major media organisations had not made the case a sustained National story.
“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?
“Why are we discussing the politics of 2027 without sufficiently discussing the legal architecture under which the 2027 election will be conducted?”
Hashim said the fact that judgment had been reserved made sustained public attention even more important.
“The case is now before the Supreme Court. The parties have argued their positions. Judgment has been reserved.”
He warned against a situation where Nigerians would only begin to understand the significance of the legal dispute after the 2027 election.
Hashim said his intervention should not be viewed merely through the prism of his political ambition.
“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.”
Hashim reiterated that he would continue to pursue the matter through lawful and constitutional channels and collaborate with individuals, political parties and organisations committed to true democracy.
“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 move as necessary to restore 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 needs an electoral commission that is institutionally independent and whose actions and activities are 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 said Nigeria could not afford an electoral system in which citizens were invited to vote after critical political choices had already been determined through processes beyond their control.
“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.”
Hashim said the central issue was ultimately whether Nigerians would be allowed to genuinely choose their leaders through a process in which constitutional rights and democratic choices were respected.
“Nigeria needs an election, not a coronation; constitutional supremacy, not administrative complicity with evil and impunity; and democratic choice, not institutional capture.”
