The Supreme Court has reserved judgment in a legal battle over provisions of the Electoral Act 2026 governing political party membership registers and the conduct of primaries ahead of the 2027 general elections.
A seven-member panel led by Justice Adamu Jauro deferred judgment on Wednesday after hearing the appeal filed by the Independent National Electoral Commission (INEC) against a Court of Appeal decision that voided the disputed provisions.
“This matter is now reserved for judgment, at a date to be communicated to the parties,” Jauro declared after the proceedings.
The appeal, marked SC/CR/495/2026, pits INEC against the Zenith Labour Party (ZLP), which instituted the original constitutional challenge at the Federal High Court in Abuja.
The controversy centres on Sections 77(5), 77(6), 77(7) and 84(2) of the 2026 Electoral Act. The first three provisions deal with political parties’ membership registers, including requirements concerning the register to be used for primaries, congresses and conventions.
Section 84(2) concerns the nomination of candidates, providing direct primaries or consensus as methods through which political parties can select candidates for elective offices.
The ZLP challenged the provisions on the ground that they conflicted with the 1999 Constitution and interfered with the internal administration of political parties. The party relied, among other constitutional provisions, on Sections 221 and 222, which establish the constitutional framework for political parties.
The case began at the Federal High Court under suit number FHC/ABJ/509/2026. Justice Mohammed Garba Umar dismissed the party’s action on May 5, 2026.
The ZLP subsequently took the matter to the Abuja Division of the Court of Appeal under appeal number CA/ABJ/CV/750/2026.
The appellate court, in its July 16 judgment, partly allowed the appeal and voided the contested provisions dealing with party membership registers and candidate nomination. That decision prompted INEC to approach the Supreme Court.
The dispute therefore tables two legal questions before the apex court. One concerns the extent to which electoral legislation can prescribe how political parties manage membership records. The other concerns the statutory rules governing the nomination of candidates through party primaries.
The outcome will determine the legal status of the provisions affected by the Court of Appeal judgment. It could also shape how political parties organise their membership registers and select candidates as preparations intensify for the 2027 elections.
INEC is the appellant in the Supreme Court proceedings, while the ZLP is the respondent. The apex court has not announced a date for delivering its judgment, saying the parties would be notified when it is ready.
Until then, the legal status of the disputed provisions awaits the final determination of the Supreme Court.
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