Disband INEC over Appeal Court judgement – Gbenga Hashim

From Adetutu Folasade-Koyi, Abuja

Accord Party Presidential candidate and Co-Chairman of Movement for Democratic Renewal, Dr. Gbenga Hashim, has called for the disbandment and reconstitution of the Independent National Electoral Commission (INEC) over its blatant disregard for 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, in a statement released in Abuja, on Friday, emphasised that, the implication of the July 16, 2026 judgement 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 judgement 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 couldn’t 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?” Hashim said.

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.