•Olawepo Hashim and INEC chairman Prof Joash Amupitan
Accord Party presidential candidate and Co-Chairman of the Movement for Democratic Renewal (MDR), Gbenga Hashim, has called for the disbandment and reconstitution of the Independent National Electoral Commission (INEC), accusing it of disregarding a Court of Appeal judgment on provisions of the Electoral Act 2026.
Hashim said the July 16, 2026 judgment, which voided Sections 77(5), 77(6), 77(7) and 84(2) of the Act, raised fundamental questions about actions taken by INEC under the disputed provisions.
The Court of Appeal, in a suit instituted by the Zenith Labour Party (ZLP), held that the provisions were inconsistent with Sections 221 and 222 of the 1999 Constitution, as amended, reports The Guardian.
Hashim argued that actions taken by INEC under provisions subsequently declared inconsistent with the Constitution could not stand, pending the final determination of the matter by the Supreme Court.
INEC has appealed the judgment, and the Supreme Court on Wednesday, September 16, heard arguments in the case and reserved judgment.
A seven-member panel, led by Justice Adamu Jauro, said the date for judgment would be communicated to the parties.
Hashim, however, said his objection was not to INEC’s right to appeal but to what he described as the commission’s interest in defending provisions declared unconstitutional by the appellate court.
“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?” he asked.
Hashim said an electoral commission should be the first institution to insist on constitutional compliance rather than defend statutory provisions judicially declared inconsistent with the Constitution.
He warned that the development could undermine confidence in the 2027 electoral process, which he said risked becoming 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.
Hashim said the issue extended beyond election day to the right of citizens and political party members to participate freely in choosing candidates and leaders.
He also criticised what he described as insufficient public attention to the Court of Appeal judgment and the ongoing Supreme Court proceedings, saying Nigerians needed to understand the constitutional issues before the apex court.
Consequently, he called for the disbandment and reconstitution of INEC 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.
Hashim said Nigeria needed an electoral commission that was “constitutionally grounded, professionally competent, transparent and genuinely independent” of the government and political interests.
“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,” he said.
