The Supreme Court has upheld the validity of key provisions of the Electoral Act 2026 dealing with political party membership registers and the nomination of candidates through party primaries.
A seven-member panel of the apex court, led by Justice Adamu Jauro, on Thursday overturned a Court of Appeal judgment that had nullified parts of the law following a challenge by the Zenith Labour Party (ZLP).
The Supreme Court upheld the earlier decision of the Federal High Court and ruled that Sections 77(5) and 84 of the Electoral Act are not inconsistent with the 1999 Constitution.
The apex court also ordered the ZLP to pay N2 million in costs.
The dispute originated from a suit filed by the ZLP at the Federal High Court in Abuja, where the party challenged provisions of the Electoral Act relating to party membership records and the nomination of candidates.
The party argued that the provisions amounted to unconstitutional interference in the internal administration of political parties and were inconsistent with the constitutional framework governing political parties.
The Federal High Court, presided over by Justice Mohammed Umar, dismissed the suit in a judgment delivered on May 5, 2026.
Dissatisfied with the decision, the ZLP appealed to the Court of Appeal.
In its judgment delivered on July 16, 2026, the appellate court partially allowed the appeal and struck down provisions dealing with political party primaries and membership registers.
The decision led the Independent National Electoral Commission (INEC) to approach the Supreme Court, seeking to overturn the Court of Appeal’s ruling.
The provisions involved in the legal dispute include Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act 2026.
Sections 77(5), 77(6) and 77(7) set out requirements concerning the membership registers maintained by political parties, while Section 84(2) provides for direct primaries or consensus as methods through which parties may nominate candidates.
The ZLP had relied, among other constitutional provisions, on Sections 221 and 222 of the 1999 Constitution in arguing its case.
The party maintained that the Electoral Act provisions conflicted with constitutional protections governing the formation and operation of political parties.
In its latest decision, however, the Supreme Court rejected the challenge to the relevant provisions and restored the position established by the Federal High Court.
The apex court also delivered decisions in two other appeals involving INEC and political parties.
In the appeal filed by the Social Democratic Party (SDP), the Supreme Court considered the matter on its merits before dismissing the appeal.
In a separate case involving the Youth Party (YP), the court upheld a preliminary objection raised by INEC and struck out the appeal.
The Supreme Court held that the Youth Party’s appeal was incompetent because it was filed one day outside the prescribed period.
The three cases were part of a wider legal contest over the interpretation and application of provisions of the Electoral Act 2026 ahead of future elections.
The Supreme Court’s ruling provides the latest judicial determination on the validity of the disputed provisions concerning party membership records and candidate nomination processes.
