Supreme Court restores Electoral Act provisions voided by appeal court

The Supreme Court on Thursday restored four provisions of the Electoral Act 2026 earlier voided by the Court of Appeal following a challenge by the Zenith Labour Party (ZLP).

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The provisions, sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act relate to political parties’ membership registers and the nomination of candidates for elective positions.

The seven-member panel of the Supreme Court, in a unanimous decision on Thursday, allowed an appeal filed by the Independent National Electoral Commission (INEC) against the Court of Appeal judgement that had struck down the provisions.

Vanguard reported that the lead judgement, delivered by Judge Adamu Jauro, held that the disputed provisions were not inconsistent with the Nigerian constitution.

The Supreme Court consequently reinstated the judgement of the Federal High Court in Abuja, which had earlier dismissed the ZLP’s suit challenging the constitutionality of the provisions.

The court also awarded N2 million costs against the ZLP, which was listed as a respondent in INEC’s appeal.

What the provisions provide

The disputed sections of the Electoral Act deal with how political parties maintain their membership registers and nominate candidates for elections.

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Section 77(5) provides that only members whose names appear on a party’s membership register submitted to INEC at least 21 days before a primary, congress or convention can vote at the exercise.

Section 77(6) requires parties to use the membership register submitted to INEC for their primaries, congresses and conventions, while Section 77(7) provides that a party that fails to submit its register within the stipulated period cannot field a candidate for an election.

Section 84(2), meanwhile, provides that political parties shall nominate candidates for elective positions through direct primaries or consensus.

How the legal dispute started

The ZLP had challenged the provisions at the Federal High Court in Abuja, arguing that they interfered with the constitutional powers of political parties to manage their internal affairs, including the process for selecting candidates.

But, Judge Mohammed Umar of the Federal High Court dismissed the suit on 5 May.

The party subsequently appealed to the Court of Appeal, where it challenged the Federal High Court’s decision and asked the appellate court to determine whether the Electoral Act provisions could impose conditions on political parties beyond those contained in the Constitution.

The Court of Appeal, in a judgement delivered in July, upheld the party’s challenge and struck down the four provisions.

PREMIUM TIMES reported that the appellate court considered the provisions against Sections 221 and 222 of the Nigerian constitution, which recognise the role of political parties in sponsoring candidates for elections.

The Court of Appeal held that the disputed provisions were inconsistent with the constitution.

Dissatisfied with that decision, INEC then appealed to the Supreme Court.

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Supreme Court appeal

INEC asked the Supreme Court to overturn the Court of Appeal judgement and restore the four provisions of the Electoral Act.

Conversely, the ZLP opposed the appeal and urged the Supreme Court to dismiss it.

PREMIUM TIMES also reported earlier this month that the same seven-member panel of the Supreme Court had heard arguments from the parties and reserved judgment.

The Supreme Court granted INEC’s appeal and restored the provisions earlier voided by the Court of Appeal.

The decision means political parties will remain subject to the statutory requirements on membership registers, including the deadline for submitting the register to INEC and the requirement to use the submitted register for primaries, congresses and conventions.

Consequently, a party that fails to comply with the requirement under Section 77(7) would also face the statutory consequence of being unable to field a candidate in an election.

Meanwhile, the ruling comes after the political parties had already conducted their primaries for the 2027 general elections. The restored provisions will therefore govern future elections and the party primaries, congresses and nomination processes that precede them.