Apex Court sets aside Court of Appeal judgment, upholds INEC position ahead of 2027 elections
By The Pivot Online
The Supreme Court has restored key provisions of the Electoral Act 2026 governing political party membership registers and the nomination of candidates, setting aside an earlier judgment of the Court of Appeal that had voided the provisions.
A seven-member panel of the apex court, led by Justice Adamu Jauro, on Thursday allowed an appeal filed by the Independent National Electoral Commission (INEC) and upheld the judgment of the Federal High Court in Abuja.
The Supreme Court held that Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act 2026 are not inconsistent with the 1999 Constitution.
The decision effectively reverses the July 16, 2026 judgment of the Abuja Division of the Court of Appeal, which had declared the disputed provisions unconstitutional in a case instituted by the Zenith Labour Party (ZLP).
The apex court also awarded ₦2 million in costs against the ZLP.
WHAT THE DISPUTE WAS ABOUT
The legal dispute arose from a suit filed by the ZLP at the Federal High Court, Abuja, challenging provisions of the Electoral Act relating to political party membership registers and the conduct of party primaries.
Among the provisions challenged were Section 77(5), which deals with the membership register to be used for party primaries, congresses and conventions.
Sections 77(6) and 77(7) also impose requirements concerning the use and submission of party membership registers to INEC, including consequences for parties that fail to comply with the statutory requirements.
Section 84(2), meanwhile, provides for direct primaries or consensus as methods for the nomination of candidates by political parties.
The ZLP had argued that the provisions amounted to unconstitutional interference in the internal affairs of political parties and conflicted with provisions of the 1999 Constitution concerning the powers and functions of political parties.
The Federal High Court, presided over by Justice Mohammed Umar, dismissed the party’s suit on May 5, 2026.
Dissatisfied with the ruling, the ZLP appealed to the Court of Appeal.
COURT OF APPEAL’S DECISION
On July 16, the Court of Appeal allowed the ZLP’s appeal in part and voided Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act 2026.
The appellate court held that the disputed provisions were inconsistent with constitutional provisions governing political parties, particularly Sections 221 and 222 of the 1999 Constitution.
The decision prompted INEC to approach the Supreme Court, asking the apex court to reverse the judgment and restore the disputed provisions.
The appeal was registered as SC/CR/495/2026.
SUPREME COURT’S RULING
The Supreme Court, after hearing arguments from the parties, set aside the Court of Appeal judgment and reinstated the decision of the Federal High Court.
The apex court held that the disputed provisions of the Electoral Act do not conflict with the Constitution.
The ruling therefore leaves the statutory requirements concerning party membership registers and the prescribed methods for candidate nomination in place ahead of the 2027 general elections.
The judgment comes at a significant stage in preparations for the 2027 elections, as political parties begin the processes leading to the selection and nomination of candidates.
OTHER APPEALS
The Supreme Court also delivered judgments in separate appeals involving the Social Democratic Party (SDP) and the Youth Party against INEC.
In the SDP case, the court dismissed the appeal after hearing it on its merits.
In the Youth Party case, the apex court upheld INEC’s preliminary objection and struck out the appeal after finding that it had been filed one day outside the prescribed time.
The latest ruling settles the immediate constitutional challenge to the disputed Electoral Act provisions and restores the legal framework under which political parties will conduct their membership registration and candidate nomination processes ahead of the 2027 elections.
The Pivot Online will continue to monitor the implementation of the ruling and its implications for political parties and the 2027 electoral process.