The Supreme Court has upheld the INEC Electoral Act appeal, restoring provisions of the 2026 Electoral Act covering political party membership registers and the nomination of candidates.
A seven-member panel led by Justice Adamu Jauro set aside the July 16 judgment of the Court of Appeal and reinstated the earlier decision of the Federal High Court in Abuja.
The apex court ruled that the disputed provisions do not conflict with the 1999 Constitution. It also awarded N2 million in costs against the Zenith Labour Party (ZLP), which had challenged the provisions.
INEC Electoral Act provisions restored
The dispute centred on Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act 2026.
Sections 77(5) to 77(7) set requirements for political parties’ membership registers. They cover the register submitted to INEC and its use during primaries, congresses and conventions.
Section 84(2), meanwhile, provides for direct primaries or consensus as methods for political parties to nominate candidates.
ZLP had argued that the provisions interfered with the internal affairs of political parties and were inconsistent with constitutional provisions governing political parties.
The Federal High Court, presided over by Justice Mohammed Umar, dismissed the party’s suit on May 5, 2026.
ZLP subsequently appealed. On July 16, the Court of Appeal allowed the appeal in part and voided the disputed provisions.
INEC then took the matter to the Supreme Court, leading to Thursday’s decision.
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Supreme Court dismisses SDP, Youth Party appeals
The apex court also delivered decisions in separate cases involving the Social Democratic Party (SDP) and the Youth Party.
The court dismissed the SDP appeal after considering the matter on its merits.
For the Youth Party, the Supreme Court upheld INEC’s preliminary objection and struck out the appeal. The court found that the case was filed one day outside the required time limit, making it incompetent.
The judgment means the disputed provisions of the Electoral Act 2026 remain in force, including the requirements concerning party membership registers and candidate nomination procedures.