By Suleiman Aremu | Solaremnews | Thursday 24, September 2026
The Supreme Court has nullified the judgment of the Court of Appeal which struck down key provisions of the Electoral Act 2026 relating to political party membership registers and the nomination of candidates ahead of the 2027 general elections.
The apex court, in a unanimous decision by a seven-member panel on Thursday, September 24, 2026, allowed the appeal filed by the Independent National Electoral Commission (INEC) against the judgment of the Court of Appeal.
In the lead judgment delivered by Justice Adamu Jauro, the Supreme Court upheld the validity of Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act 2026, holding that the provisions are not inconsistent with the 1999 Constitution, as amended.
The court consequently set aside the decision of the Court of Appeal and reinstated the judgment of the Federal High Court in Abuja, which had dismissed a legal challenge brought by the Zenith Labour Party (ZLP).
The Supreme Court also awarded N2 million in costs against the ZLP, which was listed as a respondent in the appeal.
Section 77(5) of the Electoral Act provides that only persons whose names are contained in the membership register submitted to INEC at least 21 days before the date fixed for a political party’s primaries, congresses or conventions are eligible to vote at such events.
Section 77(6) provides that a political party shall not use any other membership register for its primaries, congresses and conventions apart from the register submitted to INEC.
Similarly, Section 77(7) provides that a political party that fails to submit its membership register within the stipulated period shall not be eligible to field a candidate for an election.
Section 84(2), which was also upheld by the Supreme Court, provides that the procedure for the nomination of candidates by political parties for elective positions shall be through direct primaries or consensus.
The legal dispute arose from a suit filed by the ZLP challenging the constitutionality of some provisions of the Electoral Act 2026 relating to political party membership registers and the conduct of primaries.
Justice Mohammed Umar of the Federal High Court in Abuja had, on May 5, 2026, dismissed the ZLP’s case for lacking merit.
Dissatisfied with the decision, the political party approached the Abuja Division of the Court of Appeal in an appeal marked CA/ABJ/CV/750/2026.
The Court of Appeal, in a unanimous judgment delivered on July 16, 2026, found merit in the ZLP’s case and struck down the affected provisions of the Electoral Act.
The appellate court had held that the provisions were inconsistent with Sections 221 and 222 of the 1999 Constitution, as amended, which provide for the constitutional framework governing political parties and their participation in elections.
The Court of Appeal also noted that Sections 177 and 182 of the Constitution already set out the qualification and disqualification requirements for political parties and candidates seeking elective positions.
It held that no additional condition contained in a subsidiary legislation could disqualify an individual who had already met the requirements prescribed by the Constitution.
Dissatisfied with the Court of Appeal’s judgment, INEC appealed to the Supreme Court in a case identified as SC/CR/495/2026, asking the apex court to overturn the decision and restore the affected provisions of the Electoral Act.
The ZLP, however, urged the Supreme Court to dismiss INEC’s appeal for lack of merit.
After considering the arguments of the parties, the Supreme Court disagreed with the position of the Court of Appeal and held that the contested provisions of the Electoral Act were not in conflict with the Constitution.
The apex court therefore held that the ZLP’s appeal before the Court of Appeal ought to have been dismissed and proceeded to reinstate the judgment of the Federal High Court.
The Supreme Court’s decision means that Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act 2026 remain in force, with their provisions applicable to political parties and the nomination of candidates ahead of the 2027 general elections.
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