Precious Nwonu, Enugu
The Supreme Court has restored key provisions of the Electoral Act 2026 governing political party membership registers and the nomination of candidates ahead of the 2027 general elections.
A seven-member panel of the apex court, in a unanimous decision, upheld an appeal filed by the Independent National Electoral Commission against an earlier Court of Appeal judgment that had declared Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act unconstitutional.
The ruling means political parties are required to comply with statutory rules on their membership registers and candidate nomination processes.
Under Section 77 of the Act, political parties must make their membership registers available to INEC not later than 21 days before their primaries, congresses or conventions.
The law further provides that only members whose names are contained in the register submitted to INEC can vote or be voted for at party primaries, congresses and conventions. Parties are also prohibited from using a different register for such exercises.
A party that fails to submit its membership register within the stipulated period is not eligible to field a candidate for the election, according to the Act.
The Supreme Court also restored Section 84(2), which provides that political parties may nominate candidates through direct primaries or consensus. INEC’s 2026 Regulations and Guidelines similarly recognise direct and consensus primaries as the two permitted methods under the Act.
The legal dispute began after the Zenith Labour Party challenged the provisions at the Federal High Court, arguing that they interfered with the constitutional powers of political parties to manage their internal affairs and nominate candidates.
The Federal High Court dismissed the challenge in May 2026, but the Court of Appeal later overturned that decision in July and struck down the four disputed provisions. INEC subsequently appealed to the Supreme Court.
The Supreme Court has now set aside the Court of Appeal’s decision and reinstated the earlier Federal High Court judgment, holding that the disputed provisions were not inconsistent with the Constitution. The apex court also awarded N2 million in costs against the Zenith Labour Party.
The ruling reinforces INEC’s statutory role in receiving and verifying party membership registers and monitoring compliance with the requirements governing party primaries and candidate nominations.
INEC had earlier confirmed that all 22 registered political parties submitted their membership registers in May 2026, with the Commission stating that the registers would undergo verification in line with the law.
The Supreme Court’s decision therefore provides the legal framework that will govern future party nomination exercises under the 2026 Electoral Act, including subsequent elections and the primaries, congresses and conventions preceding them.
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