Electoral Act Does Not Compel Parties to Immediately Publish Candidate Lists After Primaries, But Six Days of Silence Has Unsettled Aspirants Across All Parties as APC Blames Complaints, NDC Considers Sending Results Directly to INEC, and Tinubu Intervenes to Resolve Disputes
A review of the Electoral Act 2026 and the timetable released by the Independent National Electoral Commission (INEC) confirms that political parties are not under any immediate legal obligation to publish the names of their candidates following the conclusion of primaries, with Section 29(1) of the Act giving parties up to 120 days before the election to submit candidates’ names to INEC rather than requiring immediate publication after the nomination process.
However, the legal permissibility of the delay has done little to calm the anxiety of aspirants across all major political parties, as six days after the conclusion of primaries, no party, including the All Progressives Congress (APC), the Peoples Democratic Party (PDP), the African Democratic Congress (ADC), and the Nigeria Democratic Congress (NDC), has published a final comprehensive list of successful candidates, with statements from party leaders suggesting that results announced at collation centres may not necessarily be upheld and that the leadership of the parties retains the power to determine the final fate of aspirants.
What the Law Says
Section 29(1) of the Electoral Act 2026 provides: “Every political party shall, not later than 120 days before the date appointed for a general election under this Act, submit to the Commission, in the prescribed Forms, the list of the candidates the party proposes to sponsor at the elections, who shall have emerged from valid primaries conducted by the political party.”
The provision establishes a deadline for submission to INEC, not a deadline for internal publication by the party. This means that while parties may voluntarily announce winners of their primaries at collation centres or through press statements, the Electoral Act does not compel them to immediately publish comprehensive lists of candidates after the primaries are conducted.
Section 29(2) further requires that the information submitted by each candidate must be accompanied by an affidavit sworn before the Federal High Court, a State High Court, or the High Court of the Federal Capital Territory, confirming that the candidate meets the constitutional requirements for the office sought.
The responsibility for publishing candidates’ personal particulars for public scrutiny rests with INEC, not the parties. Section 29(3) provides that the commission shall, within 21 days of receiving the personal particulars of candidates, publish them in the constituencies where they intend to contest.
INEC’s Submission Deadlines
According to INEC’s timetable and schedule of activities for the 2027 general elections, the submission deadlines for different categories of candidates are staggered.
For presidential candidates, submission of Form EC9 and other required documents will commence at 9:00 AM on June 27, 2026. For National Assembly candidates, the deadline is 6:00 PM on July 11, 2026. The submission period for governorship candidates opens at 9:00 AM on July 18, 2026, while candidates for State Houses of Assembly have until 6:00 PM on August 8, 2026.
INEC is expected to publish the personal particulars of presidential and National Assembly candidates on August 1, 2026, and those of governorship and State House of Assembly candidates on August 29, 2026.
These deadlines mean that parties technically have weeks before they are required to submit any names to INEC, providing what amounts to a legal buffer within which they can review results, hear appeals, resolve disputes, and finalise their candidate lists without running afoul of the law.
Why the Delay Is Happening
While the law permits the delay, the reasons behind it are more political than legal.
The delay is largely linked to a deliberate effort by parties to manage the fallout from controversial primaries. The direct primary system adopted by many parties this cycle involved a significantly larger number of voters than the delegate-based process used in previous election cycles, generating far more disputes, complaints, and logistical challenges.
The consensus option, which was used in several states, has also generated controversy. The Electoral Act 2026 requires all cleared aspirants to sign and attest to a consensus arrangement before it can be valid, but in many cases this requirement was not fully complied with, leaving the legitimacy of consensus outcomes open to challenge.
APC: “Plethora of Complaints”
The APC has attributed its delay to the large number of petitions submitted by aspirants to its appeal committees following the primaries.
APC National Chairman Prof. Nentawe Yilwatda stated that only the party’s national secretariat would release the final list of candidates after a thorough review process. He assured aggrieved aspirants that their complaints would receive due attention and that justice would be done.
A source within the party said President Tinubu is already intervening to resolve some of the disputes, and that most party members would ultimately be satisfied with the outcome. “Any moment from now, once the NWC concludes its work. We still have ample time to submit the list to INEC,” the source stated.
Reports submitted by the various appeal committees are still being evaluated, and once the process is completed, recommendations will be forwarded to the NWC for final action.
Disputes have erupted in several states following the declaration of results, including Nasarawa, Bauchi, Kwara, Oyo, Delta, and Kogi. High-profile departures include former Deputy Senate President Ovie Omo-Agege and former Inspector-General of Police Mohammed Abubakar Adamu, both of whom left the party alleging irregularities.
Akpabio and Abbas Meet Tinubu
Senate President Godswill Akpabio has assured colleagues who lost in the primaries that “it was not the end of the matter,” and met with President Tinubu on Wednesday in what observers believe is part of ongoing efforts to accommodate senators who lost their tickets.
Speaker of the House of Representatives Abbas Tajudeen and other House leaders also met with the President on Thursday on the same matter, according to reliable sources.
The meetings suggest that the delay is not merely administrative but involves active presidential engagement in determining which primary results will stand and which may be reviewed, adjusted, or overturned through the appeal process, a reality that has left aspirants uncertain about whether results announced at collation centres will be upheld.
NDC: May Send Results Directly to INEC
The Nigeria Democratic Congress, which is also grappling with unresolved disputes, has indicated it may submit the final results of its primaries directly to INEC if internal disagreements over candidates persist, effectively bypassing the normal process of public announcement by the party.
Although electoral committees declared winners at various centres during the NDC primaries, the party’s national leadership has insisted that only the National Executive Committee (NEC) can formally announce the final winners.
A source familiar with the party’s NEC meeting held on Wednesday said the final list may be forwarded to INEC before being released publicly. “INEC will publish the names of the candidates after submission by the party, and candidates can check the commission’s website. This is aimed at avoiding a crisis at a time when tensions remain high,” the source stated.
Among the aggrieved aspirants is activist Aisha Yesufu, who contested for the FCT senatorial seat but reportedly lost. She openly confronted party leaders during the NEC meeting over the conduct of the primaries before discussions moved into a closed-door session.
The party’s National Leader, former Bayelsa Governor Seriake Dickson, acknowledged concerns but urged unsuccessful aspirants to remain loyal. He announced plans for a structured reconciliation programme to foster unity ahead of the 2027 elections.
NDC National Chairman Moses Cleopas Zuwoghe acknowledged the difficulty of the situation: “It is not easy for party leaderships, because some aspirants felt that they had been cheated and are relying on the party leadership to give them justice. If they do not feel that they were fairly treated, it would be a serious problem for the parties.”
PDP: Waiting for Appeal Panels
The spokesman of the Wike-backed faction of the PDP, Jungudo Haruna Mohammed, said there are appeals arising from the conduct of the primaries and the party is waiting for the recommendations of the appeal panels committee.
“After which, the National Executive Committee of the party will ratify the report, before we can come out with the final list of candidates. The process will soon be completed,” he stated.
The Turaki-led faction’s spokesman, Ini Ememobong, could not be reached for comment. The ADC’s National Publicity Secretary, Bolaji Abdullahi, also did not respond to calls.
The Signals That Concern Aspirants
What has unsettled aspirants is not the legal framework, which clearly allows time for dispute resolution, but the signals from party leaders suggesting that results announced at primaries may be overturned.
The APC National Chairman’s statement that “only the party would announce the final results” implies that results declared at collation centres are provisional rather than final. Akpabio’s assurance to losing senators that “it was not the end of the matter” suggests that the party hierarchy may override some primary outcomes. And the meetings between the Senate President, Speaker, and President Tinubu on the subject of accommodating lawmakers who lost their tickets raises the prospect of political rather than procedural considerations determining who ultimately appears on the final lists.
For aspirants who won at the primaries, these signals create anxiety that their victories may be taken away. For aspirants who lost, they create hope that the results may be reversed in their favour. Both groups are left in limbo, unable to plan campaigns, raise funds, or engage constituencies until they know whether their names will appear on the final lists.
First-Time Challenges of Direct Primaries
Political analyst Kabiru Sa’id Sufi of Kano State College of Arts, Science and Remedial Studies explained that the delay reflects the unprecedented challenges of conducting direct primaries alongside consensus options for the first time on this scale.
“It has never been like this. This is the first time we are having direct primaries which is suited with an option of either conducting the direct primaries or having a consensus,” Sufi stated.
He noted that even where consensus was attempted, the legal requirement for all contestants to sign and attest was often not met. And where direct primaries were held, widespread dissatisfaction slowed the process as parties struggled with the logistics of managing far larger numbers of voters than the delegate system had required.
“This cuts across all the parties. So I think the parties are trying to tidy up things with regard to either the consensus or the direct primaries,” he added.
Sufi warned that while the delay may not affect the election timeline provided parties act within the statutory deadlines, it could trigger voter apathy if complaints persist. “As long as it is within the stipulated date as prescribed in the electoral law as amended, it will not really affect the timing. But it may raise questions about the legality of the poll process and its compliance with laid-down procedures,” he cautioned.
The 60-40 Formula
A particularly sensitive dimension of the APC’s delay involves what sources describe as a “60-40 sharing formula” that was allegedly promised to opposition governors who defected to the ruling party. Under this arrangement, defecting governors were reportedly promised automatic tickets for themselves and a 60 per cent share of positions in their states, with existing APC stakeholders receiving 40 per cent.
In instances where such arrangements conflicted with the interests of existing party members and the outcomes of primaries, the party is said to be considering adjustments to its final lists to honour the commitments made during recruitment of the defecting governors.
If true, this would mean the party’s final candidate lists reflect not merely the outcomes of democratic primaries but also pre-existing political deals that may override the votes cast by party members, a reality that would fundamentally contradict the purpose of direct primaries.
The Bottom Line
The Electoral Act 2026 gives political parties a legal window within which to finalise their candidate lists without immediate publication. The parties are technically within their rights to withhold the lists while they review results, hear appeals, and resolve disputes.
However, the manner in which the delay is being managed, with signals from party leaders that primary results may be overturned, presidential intervention in dispute resolution, alleged sharing formulas that may override voter choices, and the possibility of lists being sent to INEC before candidates themselves know their fate, raises questions that go beyond legal timelines and into the territory of democratic legitimacy.
The aspirants across all parties who are waiting to know whether they won or lost, weeks after the votes were cast and counted, are the immediate casualties of a system that allows parties to treat primary results as provisional drafts subject to executive revision rather than as democratic outcomes to be respected.
The final candidate lists from all parties are expected in the coming days and weeks. Whether those lists reflect the choices made by party members at the primaries, or the calculations made by party leaders in closed-door meetings at the Villa and party secretariats, will determine whether the 2027 election cycle begins on a foundation of democratic credibility or political manipulation.
The post “No Law Compels Immediate Publication” — Why APC, PDP, NDC, Others Are Legally Entitled To Withhold Candidate Lists After Primaries appeared first on TheNigeriaLawyer.
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