You are right. Under the Electoral Act, the foundation of candidacy is a valid primary. If there was no primary monitored by INEC, there is no candidate in the eyes of the law. Section 84(1) says a party _shall_ hold primaries. No primary = no candidate to challenge. The court will tell you "you have no locus".
*2. The Supreme Court judgment has closed the door:*
By setting aside the Court of Appeal and upholding the Federal High Court that affirmed the Electoral Act, the Supreme Court has said:
*Compliance with the Electoral Act is mandatory, not optional.*
Iyabo Obasanjo, with due respect to her profile:
- No valid PDP membership register with her name submitted 21 days before primaries (Section 77 & 82)
- No participation in NDC primaries April 23 - May 30, 2026 (Section 84)
- No INEC monitoring report
- No Form EC9 submitted within INEC window
Therefore, she fails the qualification under the Act itself, even if she meets constitutional age and education.
*3. Punishment for Non-Compliance - Section 84(13) of the Electoral Act 2022:*
*Section 84(13)*, which is the punishment clause. It states clearly:
> _"Where a political party fails to comply with the provisions of this Act in the conduct of its primaries, its candidate for election shall not be included in the election for the particular position."_
This is the death knell. The Supreme Court has now affirmed this provision. INEC is bound by law to *exclude* any candidate whose party did not comply.
*Final Legal Position for PDP:*
- Iyabo Obasanjo is constitutionally qualified to be a Nigerian candidate, but *not qualified as an PDP candidate for 2027* because she did not go through the statutory process
- Any attempt to smuggle her name in now without a primary will be caught by Section 84(13) and will be nullified by INEC or the court.
- As you rightly said, you cannot even challenge her in court because she does not legally exist as a candidate.
Iyabo Obasanjo is not a candidate, by her non compliance with the Electoral Law, but a mistake to be corrected by INEC. The million naira question is why is she so desperate for an elective post.
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