The Supreme Court on Thursday reinstated provisions of the Electoral Act 2026 on political party primaries and membership registers.
The apex court overturned a Court of Appeal judgment that voided parts of the law.
A seven-member panel led by Justice Adamu Jauro allowed the Independent National Electoral Commission’s appeal, set aside the Court of Appeal’s decision in favour of the Zenith Labour Party (ZLP), and affirmed the Federal High Court’s earlier judgment.
The apex court held that Sections 77(5) and 84 of the Electoral Act do not conflict with the 1999 Constitution and awarded N2 million in costs against the ZLP.
In separate decisions, the court also dismissed an appeal by the Social Democratic Party (SDP) and struck out an appeal by the Youth Party.
The SDP’s appeal was dismissed after being heard on its merits, while the Youth Party’s case was struck out after the court upheld a preliminary objection, ruling that it was filed one day outside the prescribed time.
The dispute began after the Federal High Court in Abuja, presided over by Justice Mohammed Umar, dismissed the ZLP’s suit on May 5, 2026.
The party had argued that provisions of the Electoral Act regulating membership registers and candidate nomination amounted to unconstitutional interference in the internal affairs of political parties and conflicted with Sections 221 and 222 of the Constitution.
The ZLP appealed, and on July 16, 2026, the Court of Appeal partly allowed the appeal and voided provisions of the Electoral Act relating to party primaries and membership registers.
INEC then challenged that ruling at the Supreme Court.
The provisions at the centre of the dispute were Sections 77(5), 77(6), 77(7), and 84(2) of the Electoral Act 2026.
Sections 77(5), 77(6), and 77(7) deal with statutory requirements for political parties’ membership registers, while Section 84(2) prescribes direct primaries or consensus as methods for nominating candidates.