The Supreme Court has upheld the appeal filed by the Independent National Electoral Commission (INEC) against a Court of Appeal judgment that voided parts of the Electoral Act 2026 dealing with political party membership registers and candidate nomination.
A seven-member panel of the apex court, led by Justice Adamu Jauro, on Thursday set aside the Court of Appeal judgment and restored the decision of the Federal High Court, Abuja, which had dismissed a suit filed by the Zenith Labour Party (ZLP).
The Supreme Court held that the disputed provisions of the Electoral Act are not inconsistent with the 1999 Constitution and awarded N2 million in costs against the ZLP.
The provisions challenged by the party include Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act 2026. Sections 77(5) to 77(7) concern requirements relating to political party membership registers, while Section 84(2) provides for direct primaries or consensus as methods of candidate nomination.
The ZLP had argued that the provisions amounted to unconstitutional interference in the internal affairs of political parties and were inconsistent with relevant provisions of the 1999 Constitution.
The party initially filed the suit, marked FHC/ABJ/509/2026, at the Federal High Court in Abuja. Justice Mohammed Umar dismissed the case on May 5, 2026.
Dissatisfied with the decision, the ZLP appealed to the Abuja Division of the Court of Appeal in Appeal No. CA/ABJ/CV/750/2026.
On July 16, the Court of Appeal allowed the appeal in part and declared the disputed provisions relating to party membership registers and candidate nomination unconstitutional. The decision prompted INEC to approach the Supreme Court.
The appeal before the apex court was marked SC/CR/495/2026, with INEC represented by Dr Alex Izinyon, SAN.
After hearing arguments from the parties, the Supreme Court reserved judgment last week before delivering its decision on Thursday.
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SDP, Youth Party appeals dismissed
In separate judgments delivered on Thursday, the Supreme Court also dismissed appeals brought by the Social Democratic Party (SDP) and the Youth Party (YP) against INEC.
The court heard the SDP’s appeal on its merits before dismissing it.
In the Youth Party’s case, the apex court upheld INEC’s preliminary objection and struck out the appeal after finding it incompetent.
The court held that the Youth Party had filed its appeal one day outside the prescribed time limit.
The Supreme Court’s decisions come as INEC continues preparations for the 2027 general elections and as political parties navigate new statutory requirements relating to membership records and the nomination of candidates.
