The Supreme Court on Thursday, September 24, 2026, upheld an appeal filed by the Independent National Electoral Commission (INEC) against a Court of Appeal judgment that had voided provisions of the Electoral Act 2026 relating to political party primaries and membership registers.
A seven-member panel of the apex court, led by Justice Adamu Jauro, set aside the Court of Appeal’s July 16 judgment and restored the decision of the Federal High Court, Abuja, which had dismissed a constitutional challenge brought by the Zenith Labour Party (ZLP).
The Supreme Court held that the disputed provisions of the Electoral Act, including Sections 77(5), 77(6), 77(7) and 84(2), are not inconsistent with the 1999 Constitution. The court also awarded N2 million in costs against the ZLP.
Supreme Court Rules on Party Membership Registers, Primaries
The case centred on provisions governing political party membership registers and the nomination of candidates for elective offices.
Sections 77(5), 77(6) and 77(7) of the Electoral Act 2026 establish requirements for political parties’ membership registers, including the submission of the register to INEC ahead of primaries, congresses and conventions.
Section 84(2), meanwhile, provides for direct primaries or consensus as methods through which political parties nominate candidates for elective offices.
The ZLP had argued that the provisions amounted to unconstitutional interference in the internal affairs of political parties and conflicted with Sections 221 and 222 of the 1999 Constitution, which provide the constitutional framework for political parties.
The Supreme Court’s ruling has now restored the position adopted by the Federal High Court and overturned the Court of Appeal’s decision that had voided the disputed provisions.
How the Electoral Act Dispute Started
The legal dispute began when the Zenith Labour Party filed a suit at the Federal High Court in Abuja challenging provisions of the Electoral Act 2026.
Justice Mohammed Umar of the Federal High Court dismissed the party’s suit on May 5, 2026.
Dissatisfied with the decision, the ZLP appealed to the Abuja Division of the Court of Appeal.
On July 16, 2026, the Court of Appeal allowed the appeal in part and voided provisions of the Electoral Act dealing with political party membership registers and candidate nomination procedures.
The Court of Appeal’s decision prompted INEC to approach the Supreme Court, seeking the reversal of the judgment and restoration of the disputed provisions.
The apex court heard arguments from the parties on September 16, 2026, before reserving judgment. The seven-member panel was led by Justice Adamu Jauro.
The Supreme Court subsequently delivered its judgment on Thursday, September 24, allowing INEC’s appeal.
SDP, Youth Party Appeals Also Dismissed
The Supreme Court also delivered judgments in separate appeals involving the Social Democratic Party (SDP) and the Youth Party in their respective cases against INEC.
In the SDP v. INEC appeal, the court considered the matter on its merits and dismissed the appeal.
In the Youth Party v. INEC case, the court upheld INEC’s preliminary objection and struck out the appeal after finding that it was incompetent. The appeal had been filed one day outside the prescribed time limit.
The decisions form part of a series of electoral-law disputes being considered by the apex court ahead of the 2027 general elections.
What the Supreme Court Ruling Means
The Supreme Court’s decision settles the constitutional challenge to the disputed provisions in the ZLP case at the apex court level.
With the Court of Appeal judgment set aside, the statutory requirements contained in Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act 2026 remain operative.
The ruling therefore preserves the provisions governing political party membership registers and the statutory procedures for candidate nomination through direct primaries or consensus.
The judgment also restores the Federal High Court’s May 5, 2026 decision, which had dismissed the ZLP’s constitutional challenge.
The case had raised broader legal questions about the relationship between the constitutional powers of political parties and Parliament’s authority to regulate electoral processes through legislation.
With the Supreme Court’s latest judgment, the apex court has now determined the dispute in favour of INEC.