The Supreme Court has restored key provisions of the Electoral Act 2026 regulating political party membership registers and the nomination of candidates ahead of the 2027 general elections.
In a unanimous judgment delivered on Thursday, September 24, 2026, a seven-member panel led by Justice Adamu Jauro allowed the appeal filed by the Independent National Electoral Commission (INEC) and set aside the July 16 judgment of the Court of Appeal that had voided the disputed provisions.
The apex court held that Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act 2026 are not inconsistent with the 1999 Constitution, effectively restoring the position of the Federal High Court in Abuja, which had earlier dismissed a constitutional challenge brought by the Zenith Labour Party (ZLP).
The court also awarded N2 million in costs against ZLP.
What the ruling means for political parties
Under the restored Section 77(5), only members whose names appear on a political party’s membership register submitted to INEC at least 21 days before a primary, congress or convention are eligible to participate in the exercise.
Section 77(6) prohibits parties from using a membership register other than the one submitted to INEC for their primaries, congresses and conventions.
Section 77(7) provides that a political party that fails to submit its membership register within the prescribed period will not be eligible to field a candidate in the election.
The Supreme Court also restored Section 84(2), which provides that political parties are to nominate candidates through direct primaries or consensus.
How the legal battle started
The dispute originated from a suit filed by ZLP at the Federal High Court in Abuja, challenging Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act.
The party argued that the provisions amounted to unconstitutional interference in the internal affairs of political parties and conflicted with Sections 221 and 222 of the Constitution.
Justice Mohammed Umar of the Federal High Court dismissed the suit on May 5, 2026.
ZLP subsequently appealed to the Court of Appeal in Abuja. On July 16, the appellate court allowed the appeal in part and declared the disputed provisions unconstitutional, holding that they conflicted with constitutional provisions governing political parties.
INEC then approached the Supreme Court, asking the apex court to reverse the Court of Appeal’s decision and restore the provisions.
After hearing arguments from the parties on September 16, the Supreme Court reserved judgment.
Thursday’s judgment has now resolved that particular dispute in favour of INEC.
Implications for 2027
The ruling places renewed statutory obligations on political parties as they prepare for the 2027 elections.
Parties will have to pay particular attention to the membership registers submitted to INEC, the prescribed 21-day deadline and the register used during primaries, congresses and conventions.
The restored provisions also mean that parties organising candidate-selection exercises will have to operate within the nomination framework prescribed by Section 84(2).
The case underscores the continuing legal tension between the constitutional autonomy of political parties and Parliament’s authority to establish rules governing the electoral process.
In separate judgments delivered on Thursday, the Supreme Court also dealt with appeals involving the Social Democratic Party (SDP) and the Youth Party in matters against INEC. Reports indicate that the SDP appeal was dismissed, while the Youth Party’s appeal was struck out as incompetent after being filed one day out of time.
With the apex court’s decision, the provisions struck down by the Court of Appeal in July are once again operative as political parties prepare their structures and nomination processes for the 2027 elections.
