Fresh legal questions emerge over Chijioke Ugwu’s membership registration after Supreme Court restores party-register provisions
By Our Correspondent
Fresh legal questions have emerged over the Peoples Democratic Party’s 2027 governorship ticket in Enugu State following the Supreme Court’s restoration of key provisions of the Electoral Act dealing with political party membership registers and the conduct of primaries.
The questions centre on Chief Chijioke Peter Ugwu, who was recently announced by the PDP governorship candidate, Chief Uche Geoffrey Nnaji, as his running mate.
Nnaji announced Ugwu’s selection on September 24, shortly after the Supreme Court delivered its landmark judgment restoring Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act 2026. Ugwu’s selection was subsequently reported by several Nigerian media outlets.
But documents and information available to this newspaper raise a question that could potentially become significant if the PDP ticket is challenged in court.
The PDP governorship primary in Enugu State was conducted on May 25, 2026.
However, Ugwu is understood to have registered as a PDP member on May 31, 2026 — six days after the governorship primary.
This means that if the May 31 registration date is accurately reflected in the party’s official records, his name could not have appeared in the PDP membership register submitted to the Independent National Electoral Commission (INEC) before the May 25 governorship primary.
That immediately raises the question:
Can a person who was not a member of the party on the date of its governorship primary subsequently be selected as the deputy governorship candidate without the Supreme Court’s restored membership-register provisions affecting the ticket?
What the Supreme Court restored
The Supreme Court, in a unanimous judgment delivered on September 24, set aside the Court of Appeal’s earlier decision which had declared the disputed provisions of the Electoral Act unconstitutional.
The apex court upheld the validity of Sections 77(5), 77(6), 77(7) and 84(2), following an appeal by INEC against the Court of Appeal judgment in the case involving the Zenith Labour Party.
Section 77(5) provides that only persons whose names are contained in a political party’s membership register submitted to INEC at least 21 days before a primary, congress or convention may participate in the exercise.
Section 77(6) requires political parties to use the membership register submitted to INEC for their primaries, congresses and conventions.
Section 77(7) deals with the consequence of failure by a party to submit its membership register within the prescribed period.
These provisions are now back in force following the Supreme Court judgment. Legal opinions suggest that the law’s insistence on the membership register submitted to INEC is relevant to the validity of the party’s eventual nomination process, depending on how the PDP formally nominated and submitted its governorship and deputy governorship candidates.
The precise documents will therefore be crucial.
Among the questions likely to arise are:
What date did the PDP submit its membership register to INEC?
Was Ugwu’s name contained in that register?
When exactly did Ugwu become a registered PDP member?
Was he a PDP member before the register was submitted to INEC?
How did the PDP formally nominate him as running mate?
Was the nomination made through a procedure recognised by the Electoral Act and the party’s constitution?
The controversy is coming at a sensitive time for the PDP, which has only recently unveiled Ugwu as Nnaji’s running mate. Ugwu, from Nguru in Nsukka Local Government Area, is an entrepreneur, philanthropist and community leader who runs businesses in logistics, contracting, consultancy and hospitality.
However, the governorship candidate and the deputy governorship candidate constitute a single electoral ticket. Therefore, any legal or constitutional issue affecting the eligibility of the deputy governorship candidate automatically has implications for the validity of the joint ticket, including the governorship candidate.
Another legal opinion available to this newspaper insists that “the gubernatorial ticket is a joint one. If the name of a deputy governor is not on the digital register, it invalidates the entire process.”
In the 2019 Bayelsa governorship election, APC’s David Lyon was declared winner. His running mate was Biobarakuma Degi-Eremienyo.
The Supreme Court later disqualified Degi-Eremienyo over the documents he submitted to INEC. The crucial point was that the Supreme Court held that his disqualification affected the joint ticket he shared with David Lyon. Consequently, the court ordered INEC to withdraw the Certificate of Return issued to Lyon and his deputy.
This happened one day before Lyon was due to be sworn in as governor. The certificate was subsequently issued to Douye Diri of the PDP, who had the next-highest lawful votes and the required geographical spread.
