Nigeria’s Supreme Court has upheld the appeal filed by the Independent National Electoral Commission and restored key provisions of the Electoral Act 2026 that had earlier been struck down by the Court of Appeal.
The unanimous decision was delivered by a seven-member panel led by Justice Adamu Jauro, bringing an end to a legal dispute over provisions governing political party membership registers and the nomination of candidates ahead of the 2027 general elections.
The case followed a challenge by the Zenith Labour Party, which had argued that certain provisions of the Electoral Act were inconsistent with the 1999 Constitution and amounted to interference in the internal affairs of political parties...READ THE FULL ARTICLE HERE .
The Federal High Court had initially dismissed the challenge in May 2026. However, the Court of Appeal later ruled in favour of the party and voided sections of the Electoral Act relating to membership registers and candidate nomination procedures.
INEC subsequently approached the Supreme Court, asking the apex court to overturn the Court of Appeal’s decision and restore the disputed provisions.
In its latest judgment, the Supreme Court agreed with INEC and held that the provisions were not inconsistent with the Constitution. The court consequently reinstated the earlier Federal High Court judgment that had dismissed the challenge.
The provisions affected include Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act 2026.
Under Section 77(5), only members whose names appear on a political party’s membership register submitted to INEC at least 21 days before a primary, congress or convention can participate in the voting process.
Section 77(6) requires political parties to use the membership register submitted to INEC for their primaries, congresses and conventions.
Section 77(7) provides that a political party that fails to submit its membership register within the stipulated period will not be eligible to field a candidate in an election.
Meanwhile, Section 84(2) provides that political parties are to nominate candidates through direct primaries or consensus.
The Supreme Court’s ruling means these requirements remain part of the legal framework governing political parties and their electoral activities.
The apex court also awarded N2 million in costs against the Zenith Labour Party.
The ruling comes as preparations continue for the 2027 general elections and settles a significant legal dispute surrounding the regulation of political parties, their membership registers and candidate nomination processes.
The decision is expected to provide greater legal clarity on the operation of the disputed provisions of the Electoral Act as political parties prepare for future electoral activities.
