THE 21-DAY REGISTER RULE 

By Adeyemi Oke | Tuesday, 06 October 2026

The Electoral Act required parties to file their membership register 21 days before a primary. Gombe’s May PDP primary was later nullified, and Pantami’s place on that register is still contested.

Section 77(4) of the Electoral Act 2026 requires a party to give INEC its membership register at least 21 days before a primary. Section 77(5) says only members on that register can vote or be voted for. The test is whether a name is on the register INEC received, not how long someone has belonged to the party.

Count back from 26 May. That’s 5 May. The Gombe PDP held its governorship primary on 26 May, and Isa Pantami was the only aspirant presented. He was adopted by voice affirmation.

The PDP says Pantami resigned from the APC on 19 May. The APC’s Gombe publicity secretary, Moses Kyari, said the letter was delivered on 23 May. On the PDP’s own date, seven days separated his resignation from the primary. Whether his name was on the register the PDP gave INEC by 5 May is the question.

Four PDP aspirants had already objected, in a communique on Sunday 24 May. They said they objected to a person who had contested another party’s primary running under the PDP.

On 16 July, the Court of Appeal voided section 77(5) to (7) and section 84(2). On Thursday 24 September, the Supreme Court restored them. The same day, the Federal High Court in Gombe nullified Pantami’s primary on a suit by aspirant Usman Garry and ordered a rerun. Leadership reported the court found the process didn’t comply with the party’s procedures and applicable electoral provisions. The PDP says the judgment affirmed his membership.

The rerun was on Tuesday 29 September, and the party declared Pantami the winner. Khamisu Mailantarki, a rival aspirant, declared himself the winner and said Pantami’s name wasn’t on the register submitted to INEC. He said his lawyers wrote to the PDP and INEC before the vote.

INEC holds the register. The reports cited here don’t say what it shows.

Lawyer Yusuf Manjo told TheCable that a party can waive its own internal requirements, but not one an Act of the National Assembly imposes. Ovie Omo-Agege left the APC on 22 May and got an NDC waiver within days. Victor Ochei’s came on 28 May.

Donald Duke faces the same arithmetic. The PRP submitted its register on 4 May, 21 days before its 25 May primary. A rival says Duke wasn’t a member then. A Federal High Court has reserved judgment until 2 November.

On Tuesday 6 October, INEC will tell party leaders and observers where candidate nominations stand.

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