ABUJA — The Ogun Central Senatorial Candidate of the Peoples Democratic Party (PDP), Senator Iyabo Obasanjo-Bello’s senatorial ambition and other PDP House of Assembly candidates’ aspiration may have hit a brickwall following the Supreme Court judgement on Thursday.
The Supreme Court sitting in Abuja on Thursday upheld the appeal filed by the Independent National Electoral Commission (INEC) against the Court of Appeal judgment which voided provisions of the Electoral Act 2026 relating to political party primaries and membership registers.
A seven-man panel of the apex court, presided over by Justice Adamu Jauro, held that Sections 77(5) and 84 of the Electoral Act are not in conflict with the 1999 Constitution.
The court consequently set aside the judgment of the Court of Appeal, which had ruled in favour of the Zenith Labour Party, and upheld the judgment of the trial court.
The apex court also awarded N2m costs against the respondent, ZLP.
INEC had appealed against the July 16, 2026 judgment of the Abuja Division of the Court of Appeal, which had allowed ZLP’s appeal in part and voided provisions of the Electoral Act relating to political party primaries and membership registers.
The original suit, marked FHC/ABJ/509/2026, was filed by ZLP at the Federal High Court, Abuja, challenging Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act 2026.
Sections 77(5), 77(6) and 77(7) concern the statutory requirements relating to political parties’ membership registers, while Section 84(2) prescribes direct primaries or consensus as methods for the nomination of candidates by political parties.
The party had argued that the provisions were inconsistent with the 1999 Constitution and amounted to unconstitutional interference in the internal affairs of political parties.
The Federal High Court, presided over by Justice Mohammed Umar, dismissed the suit in a judgment delivered on May 5, 2026.
Dissatisfied with the decision, ZLP appealed to the Court of Appeal, which subsequently delivered its judgment on July 16, 2026.
INEC, dissatisfied with the Court of Appeal’s decision, subsequently approached the Supreme Court.
Meanwhile, the apex court also delivered judgments in separate appeals filed by the Social Democratic Party and the Youth Party against the electoral commission.
In the appeal filed by the Social Democratic Party, the court heard the matter on its merit and dismissed the appeal.
In the Youth Party’s appeal, the Supreme Court upheld INEC’s preliminary objection and struck out the appeal for being incompetent.
However, the Supreme Court’s decision upholding the constitutionality of key provisions of the Electoral Act 2026 has raised fresh legal questions over the eligibility of former Ogun Central Senator, Iyabo Obasanjo-Bello, to contest the 2027 Ogun Central Senatorial election on the platform of the Peoples Democratic Party (PDP).
The constitutional provision therefore excludes an informal appointment or unveiling outside a legally recognised nomination process.
Findings revealed that, Obasanjo-Bello resigned from the APC in a letter dated May 31, 2026, addressed to the Ogun State APC Chairman, Chief Yemi Sanusi.
THE ENCOUNTER NEWS reported that she cited what she described as persistent disrespect, rejection and unfair treatment within the APC, as well as her disagreement with the consensus process that produced Senator Solomon Olamilekan Adeola as the party’s governorship candidate.
She subsequently returned to the PDP on June 15, 2026, and was formally received by the party in Ogun State.
Two days later, on June 17, the Ogun PDP leadership presented her with the party’s flag and announced her as its candidate for the Ogun Central Senatorial District.
The 59-year-old Obasanjo said she was treated like a child in the ruling APC, hence her decision to dump the party and return to the PDP.
“The APC treated me like a child, whereas I will be 60 years old by the grace of God next year,” she said.
She explained that she initially joined the APC because of the respect President Bola Tinubu accorded her during their interactions.
“When I decided to go back into politics after about 20 years, I pitched my tent with the All Progressives Congress because of the way and manner the leader of the party and the President, Asiwaju Bola Tinubu, usually honour me whenever I had the opportunity to meet him at functions.
“The President always treated me like his daughter, so I thought joining his party would not be a bad idea. Yoruba people cherish honour and respect; it is not about money,” she said.
During her unveiling by PDP on June 17, she added that despite contributing her quota in the APC, she felt sidelined during the party’s decision-making processes.
She also alleged that her concerns over internal party processes were ignored, particularly regarding consensus arrangements and candidate selection.
According to her, she was eventually excluded in a manner she considered disrespectful.
“I was a commissioner for four years and also a senator for another four years in this state,” she said.
Obasanjo added that the acts of disrespect and betrayal were influenced by those she had “helped and clothed” politically.
She said she remained confident of her chances in the forthcoming election, describing herself as the most qualified candidate for Ogun Central.
It would be recalled that the Electoral Act requires political parties to submit their membership registers to INEC not later than 21 days before their primaries, congresses or conventions.
INEC had also set May 10, 2026 as the deadline for submission of party membership registers for the 2027 elections. The Commission said on May 15 that all 22 registered political parties had submitted their registers.
Therefore, as at May 10 and May 22, 2026, Senator Obasanjo-Bello was still a member of the All Progressives Congress (APC).
Obasanjo-Bello’s May 31 resignation from the APC occurred after the May 10 membership-register deadline reported by INEC and after the April 23–May 30 window cited for the conduct of party primaries.
She did not return to the PDP until June 15 and was unveiled as its Ogun Central senatorial candidate on June 17.
Although, Obasanjo-Bello’s movement from APC to PDP, in itself, does not necessarily constitute a disqualification.
The issue is the validity of the nomination process through which the PDP made her its Ogun Central senatorial candidate.
Consequently, Senator Obasanjo-Bello who joined the PDP on June 15, after the relevant membership register must have been submitted to INEC, and was subsequently handed the party’s senatorial ticket without participating in a valid direct primary or a legally compliant consensus process, renders her candidature invalid under under Sections 77(5) and 84(2).
The decisive documents would therefore be the PDP membership register submitted to INEC, the date and record of the Ogun Central senatorial primary or consensus process, the list of cleared aspirants, the result/minutes of the nomination exercise, and any subsequent substitution documents filed with INEC.
