Supreme Court restores electoral act provisions on party primaries

The Supreme Court has restored key provisions of the Electoral Act 2026 regulating political party membership registers and the nomination of candidates ahead of the 2027 general elections.

A seven-member panel of the apex court, led by Justice Adamu Jauro, on Thursday, September 24, 2026, allowed an appeal filed by the Independent National Electoral Commission (INEC) and set aside an earlier judgment of the Court of Appeal which had voided the provisions.

The Supreme Court restored Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act, holding that the provisions were not inconsistent with the 1999 Constitution. (TimesNG.com.ng)

The decision also restored the May 5 judgment of the Federal High Court in Abuja, which had dismissed a constitutional challenge brought by the Zenith Labour Party (ZLP) against the provisions.

The apex court further awarded N2 million in costs against the party. (TimesNG.com.ng)

Under Section 77(5), only members whose names appear on a political party’s membership register submitted to INEC within the stipulated period can participate in its primaries, congresses or conventions.

Section 77(6) provides that parties must use the membership register submitted to INEC for their primaries, congresses and conventions, while Section 77(7) provides that a party that fails to submit its register within the prescribed period will not be eligible to field a candidate.

Section 84(2), meanwhile, provides for direct primaries or consensus as the methods for political parties to nominate candidates for elective positions. (Vanguard News)

The legal dispute began after the ZLP challenged the provisions at the Federal High Court, arguing that they amounted to unconstitutional interference in the internal affairs of political parties.

The party relied, among other provisions, on Sections 221 and 222 of the 1999 Constitution, which provide the constitutional framework for political parties.

Justice Mohammed Umar of the Federal High Court dismissed the suit on May 5, 2026.

Dissatisfied with the decision, the ZLP appealed to the Abuja Division of the Court of Appeal.

On July 16, the Court of Appeal allowed the appeal in part and voided the disputed provisions, holding that they were inconsistent with the constitutional powers of political parties. (NUJ FCT)

The decision prompted INEC to approach the Supreme Court, asking the apex court to reverse the judgment and restore the provisions.

After hearing arguments from the parties on September 16, the seven-member panel reserved judgment. The Supreme Court subsequently delivered its judgment on Thursday, September 24, allowing INEC’s appeal. (My Engineers)

In separate judgments delivered on Thursday, the Supreme Court also dismissed an appeal filed by the Social Democratic Party (SDP) against INEC, after hearing the matter on its merits.

The apex court also struck out an appeal filed by the Youth Party after upholding INEC’s preliminary objection that the appeal was filed one day outside the permitted period. (The Times Nigeria)

The Supreme Court’s decision comes as political parties intensify preparations for the 2027 general elections, with the restored provisions now providing the applicable statutory framework for membership registers, party primaries and candidate nomination procedures.

SOURCE : NEWSSCROLL