The Supreme Court has restored key provisions of the Electoral Act 2026 governing political party membership registers and the nomination of candidates ahead of the 2027 general elections.
A seven-member panel of the apex court, led by Justice Adamu Jauro, on Thursday, September 24, 2026, allowed an appeal filed by the Independent National Electoral Commission (INEC) and set aside the earlier judgment of the Court of Appeal which had voided the provisions.
The Supreme Court consequently reinstated Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act 2026, holding that the provisions were not inconsistent with the 1999 Constitution.
The decision also restored the May 5, 2026 judgment of the Federal High Court in Abuja, which had dismissed a constitutional challenge brought by the Zenith Labour Party (ZLP) against the disputed provisions.
The apex court further awarded N2 million in costs against the ZLP
Under Section 77(5) of the Electoral Act, only members whose names appear on a political party’s membership register submitted to INEC within the stipulated period are eligible to participate in the party’s primaries, congresses or conventions.
Section 77(6) requires political parties to use the membership register submitted to INEC for their primaries, congresses and conventions. The provision bars parties from using another register for those exercises.
Meanwhile, Section 77(7) provides that a political party that fails to submit its membership register within the prescribed period will not be eligible to field a candidate in an election.
Section 84(2) provides that political parties are to nominate candidates for elective positions through direct primaries or consensus.
The legal dispute originated from a suit filed by the Zenith Labour Party at the Federal High Court in Abuja. The party challenged the provisions, arguing that they amounted to unconstitutional interference in the internal affairs of political parties.
The ZLP relied, among other provisions, on Sections 221 and 222 of the 1999 Constitution, which provide the constitutional framework for political parties.
Justice Mohammed Umar of the Federal High Court dismissed the ZLP’s suit on May 5, 2026.
Dissatisfied with the judgment, the party appealed to the Abuja Division of the Court of Appeal. On July 16, 2026, the Court of Appeal allowed the appeal in part and voided the disputed provisions, holding that they were inconsistent with the constitutional powers of political parties.
The Court of Appeal had held that the affected provisions conflicted with constitutional provisions concerning the rights of political parties to determine whom they would sponsor in elections.
The ruling prompted INEC to approach the Supreme Court, seeking an order setting aside the Court of Appeal’s decision and restoring the provisions of the Electoral Act.
The apex court heard arguments from the parties on September 16, 2026, before reserving judgment. It subsequently delivered its judgment on Thursday, September 24, allowing INEC’s appeal and restoring the provisions.
The Supreme Court’s ruling means that political parties remain subject to the statutory requirements concerning their membership registers, including the submission of the registers to INEC within the prescribed period and the use of the submitted register for primaries, congresses and conventions.
A party that fails to comply with the requirement under Section 77(7) will consequently face the statutory consequence of being unable to field a candidate in an election.
In separate judgments delivered on Thursday, the Supreme Court also 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, following its upholding of INEC’s preliminary objection that the appeal was filed one day outside the permitted period.
The latest ruling comes as political parties intensify preparations for the 2027 general elections, with the restored provisions now constituting the applicable statutory framework for party membership registers, primary elections, congresses, conventions and candidate nomination procedures.
