The Supreme Court has restored key provisions of the Electoral Act 2026 governing political party membership registers, primaries 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 overturned the earlier decision of the Court of Appeal that had invalidated the provisions.
The Supreme Court consequently reinstated Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act 2026, holding that the provisions were not inconsistent with the 1999 Constitution.
The judgment also restored the May 5, 2026 decision of the Federal High Court in Abuja, which had dismissed a constitutional challenge brought by the Zenith Labour Party (ZLP).
The apex court further awarded N2 million in costs against the ZLP.
Under Section 77(5), only members whose names appear on a political party’s membership register submitted to INEC within the prescribed period are eligible to participate in the party’s primaries, congresses or conventions.
Section 77(6) requires parties to use the membership register submitted to INEC for such exercises and prohibits them from relying on a different register.
Section 77(7) stipulates that a political party that fails to submit its membership register within the required period will be ineligible to field a candidate in an election.
Section 84(2), meanwhile, provides that political parties are to nominate candidates for elective positions through direct primaries or consensus.
The legal dispute began with a suit filed by the ZLP at the Federal High Court in Abuja. The party challenged the provisions, arguing that they amounted to unconstitutional interference in the internal affairs of political parties.
The party relied, among other constitutional 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.
The ZLP subsequently appealed to the Abuja Division of the Court of Appeal, which on July 16, 2026, allowed the appeal in part and voided the disputed provisions.
The appellate court had held that the provisions were inconsistent with constitutional protections relating to the powers of political parties to determine the candidates they would sponsor in elections.
Following the Court of Appeal judgment, INEC approached the Supreme Court, seeking an order overturning the decision and restoring the affected provisions of the Electoral Act.
The apex court heard arguments from the parties on September 16 before reserving judgment.
In its judgment delivered on Thursday, the Supreme Court allowed INEC’s appeal and reinstated the provisions.
The decision means that political parties remain bound by the statutory requirements concerning the submission and use of membership registers for primaries, congresses and conventions.
Parties that fail to comply with the requirement under Section 77(7) will also face the statutory consequence of being unable to field candidates in elections.
In separate decisions delivered on Thursday, the Supreme Court dismissed an appeal filed by the Social Democratic Party (SDP) against INEC after considering 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 prescribed period.
The latest judgment comes as political parties prepare for the 2027 general elections, with the reinstated provisions now forming part of the statutory requirements governing party membership registers, primaries, congresses, conventions and candidate nomination procedures.
