ABUJA — The Supreme Court has restored key provisions of the Electoral Act 2026 that were previously invalidated by the Court of Appeal, clearing the way for their continued application ahead of the 2027 general elections.
A seven-member panel of the apex court, in a unanimous judgment delivered on Thursday, upheld an appeal by the Independent National Electoral Commission (INEC) and reinstated the earlier decision of the Federal High Court.
Justice Adamu Jauro, who delivered the lead judgment, upheld sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act, ruling that the provisions were not inconsistent with the 1999 Constitution, as amended.
The provisions govern the membership registers political parties submit to INEC and the procedure for selecting candidates for elective positions.
The Supreme Court held that the Court of Appeal was wrong to uphold the challenge brought by the Zenith Labour Party (ZLP) and ordered the reinstatement of the Federal High Court judgment that had dismissed the party’s case.
The apex court also awarded N2 million in costs against the ZLP.
The dispute arose from the ZLP’s challenge to provisions requiring political parties to submit their membership registers to INEC ahead of primaries, congresses and conventions.
Under section 77(5), only members whose names appear on the register submitted to INEC at least 21 days before the date fixed for a party’s primaries, congresses or conventions are eligible to vote.
Section 77(6) bars parties from using a different register for those activities, while section 77(7) provides that a party that fails to submit its membership register within the prescribed period will not be eligible to field a candidate.
Section 84(2), meanwhile, provides that political parties shall nominate candidates through direct primaries or consensus.
The Court of Appeal had on July 16 declared the provisions invalid after finding them inconsistent with constitutional provisions governing the rights of political parties to determine their candidates.
The appellate court’s decision followed the ZLP’s appeal against the May 5 judgment of the Federal High Court in Abuja, which had dismissed its suit.
The party had argued that the Electoral Act provisions interfered with powers granted to political parties under the Constitution to conduct their internal affairs and determine candidates for elections.
In its judgment, the Court of Appeal relied on sections 221 and 222 of the Constitution and also referred to sections 177 and 182, which set out qualifications and disqualifications for political parties and candidates.
The appellate court held that an additional condition imposed by a subsidiary law could not disqualify a person who had already met the requirements set by the Constitution.
INEC subsequently appealed the decision to the Supreme Court in case number SC/CR/495/2026, asking the apex court to overturn the appellate judgment.
The ZLP opposed the appeal and urged the Supreme Court to dismiss it.
With Thursday’s judgment, the Supreme Court has now reinstated the disputed provisions and restored the Federal High Court’s decision in the case.
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