The Supreme Court on Thursday restored sections of the Electoral Act 2026 that regulate political party membership registers and the nomination of candidates, overturning a Court of Appeal decision that had struck them down.
In a unanimous ruling by a seven-member panel, the apex court allowed an appeal by the Independent National Electoral Commission (INEC) and validated sections 77(5), (6) and (7), as well as section 84(2). These provisions govern how parties submit membership lists ahead of primaries, congresses or conventions and set the procedure for nominating candidates for the 2027 general elections.
Justice Adamu Jauro, delivering the lead judgment, held that the contested sections do not conflict with the 1999 Constitution, as amended. The court faulted the Court of Appeal for upholding an appeal by the Zenith Labour Party (ZLP) and reinstated the earlier decision of the Federal High Court. It also awarded costs of N2 million against the ZLP.
The Court of Appeal’s Abuja Division had, on July 16, nullified the provisions after finding them inconsistent with sections 221 and 222 of the Constitution, which give political parties the right to decide whom to sponsor. That judgment followed an appeal marked CA/ABJ/CV/750/2026 filed by the ZLP against a Federal High Court ruling that dismissed its suit.
Section 77(5) provides that only persons whose names appear in the register submitted to INEC not later than 21 days before the date fixed for primaries, congresses or conventions may vote. Subsection (6) bars parties from using any other register, while subsection (7) states that a party that fails to submit its membership register within the stipulated time shall not field candidates. Section 84(2) requires that nomination of candidates be by direct primaries or consensus.
Justice Mohammed Umar of the Federal High Court in Abuja had dismissed the ZLP’s challenge on May 5. The party then argued at the Court of Appeal that the Electoral Act provisions improperly restricted the constitutional powers of political parties over their internal affairs and candidate selection. The appellate court, in a lead judgment by Justice Eberechi Nyesom-Wike, upheld that argument, noting that sections 177 and 182 of the Constitution already set out the qualifying and disqualifying factors for candidates and that a subsidiary law could not add further conditions.
INEC challenged the appellate decision in the appeal marked SC/CR/495/2026, urging the Supreme Court to restore the provisions. The ZLP sought dismissal of the appeal. The apex court dismissed the ZLP’s case and reinstated the Federal High Court judgment.
A story of courage, wonder, and the transformative power of self-belief; perfect for readers aged 10+ who love adventure. To place order: +234 806 130 3237 | +234 803 582 0870 OR Tap the link to grab a copy:https://www.zeekapublish.com/product/the-magical-life-of-anna
