The Supreme Court has upheld an appeal by the Independent National Electoral Commission (INEC) against a Court of Appeal decision that voided provisions of the Electoral Act 2026 relating to political party primaries and membership registers.
A seven-member panel of the apex court, led by Justice Adamu Jauro, held that Sections 77(5) and 84 of the Electoral Act 2026 are not inconsistent with the 1999 Constitution.
The court consequently set aside the July 16, 2026 judgment of the Abuja Division of the Court of Appeal, which had partly upheld an appeal by the Zenith Labour Party (ZLP), and restored the decision of the Federal High Court, Abuja.
It also awarded N2 million in costs against the ZLP.
The ZLP had, in suit No. FHC/ABJ/509/2026, challenged Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act, arguing that the provisions amounted to unconstitutional interference in the internal affairs of political parties.
Sections 77(5), 77(6) and 77(7) deal with political parties’ membership registers, while Section 84(2) provides for direct primaries or consensus as methods through which parties may nominate candidates.
The party argued that the provisions conflicted with the 1999 Constitution.
However, the Federal High Court, in a May 5, 2026 judgment delivered by Justice Mohammed Umar, dismissed the suit.
The Court of Appeal subsequently allowed the ZLP’s appeal in part and voided some of the contested provisions, prompting INEC to approach the Supreme Court.
In a separate development, the Supreme Court dismissed an appeal filed by the Social Democratic Party (SDP) against INEC after hearing the matter on its merits.
The apex court also struck out an appeal filed by the Youth Party against INEC, after upholding the commission’s preliminary objection that the appeal was incompetent. The court held that the appeal was filed one day outside the period prescribed by law.