The Supreme Court on Wednesday heard arguments and adjourned to rule on the validity of some key provisions of the Electoral Act 2026 relating to political party primaries and membership registers.
The sections were struck down by the Court of Appeal in Abuja, a decision the Independent National Electoral Commission (INEC) challenged at the Supreme Court.
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A seven-member panel of the Supreme Court, led by Judge Adamu Jauro, reserved judgement after hearing arguments from INEC and the Zenith Labour Party (ZLP), which initiated the suit at the Federal High Court in Abuja.
The Punch reported that Judge Jauro said the “date for judgement would be communicated to the parties.”
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At the Wednesday’s hearing, INEC, the appellant was represented by Alex Izinyon, a Senior Advocate of Nigeria (SAN), while ZLP, the respondent, was represented by Ikechukwu Anyalewechhi.
The dispute centres on Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act 202, which, ZLP argues, interfere with the constitutional powers of political parties.
The first three provisions concern political parties’ membership registers, while Section 84(2) provides that parties must nominate candidates through direct primaries or consensus.
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The controversial sections
Section 77(5) of the Electoral Act contested by Zenith Party stipulates that only persons whose names are contained in the register submitted to INEC not later than 21 days before the date set for primaries, congresses or conventions would be eligible to vote.
Sub-section (6) of section 77 provides that a political party shall not use any register other than the one submitted to INEC for party primaries, congresses, and conventions.
Also sub-section (7) provides that a political party that fails to submit the membership register within the stipulated time shall not be eligible to field a candidate for the election.
Section 84(2) limits the means by which political parties can choose candidates for elections. It provides that the procedure for the nomination of candidates by political parties for the various elective positions shall be by direct primaries or consensus.
ZLP had argued at the Federal High Court that the provisions were inconsistent with the Nigerian constitution and amounted to interference in the internal affairs of political parties.
The party further argued that the Electoral Act could not impose requirements that interfered with powers given to political parties under Sections 221 and 222 of the constitution.
Federal High Court dismissed suit, but Appeal court agreed with ZLP
Judge Mohammed Umar of the Federal High Court in Abuja dismissed the suit on 5 May.
Dissatisfied with the decision, ZLP appealed to the Abuja Division of the Court of Appeal, asking the appellate court to overturn the decision.
The Court of Appeal, in its judgement delivered on 16 July, allowed the appeal in part and struck down Sections 77(5), 77(6), 77(7) and 84(2).
The appellate court held that the disputed provisions were inconsistent with the Nigerian constitution, particularly the provisions governing political parties and their role in sponsoring candidates.
The judgement did not, however, abolish the requirement for political parties to maintain membership registers and submit them to INEC.
Rather, the court struck down the specific statutory restrictions concerning the use and submission of those registers, including the consequences attached to failure to comply with the prescribed requirement.
The court also rejected the statutory restriction under Section 84(2) that parties must nominate candidates through direct primaries or consensus.
But INEC subsequently appealed to the Supreme Court, challenging the Court of Appeal’s decision.
INEC’s prayers
The commission asked the Supreme Court to overturn the Court of Appeal’s judgement.
It requested that the four provisions be restored, meaning the statutory requirements on political party membership registers and candidate nomination would remain in force.
If restored, parties would have to comply with the requirements governing the membership register used for primaries, congresses and conventions, including the prescribed deadline for submitting the register.
A party that failed to meet the requirement under Section 77(7) would also face the statutory consequence of being unable to field a candidate.
INEC is also asking the court to restore Section 84(2), which requires parties to nominate candidates through direct primaries or consensus.
ZLP is opposing the appeal and wants the Court of Appeal’s decision to remain in force.
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