The Supreme Court has reserved judgement in an appeal by the Independent National Electoral Commission, INEC, challenging a Court of Appeal decision that voided provisions of the Electoral Act 2026 on political party primaries and membership registers.
The dispute centres on Sections 77, 5,6,7 and 84,2, of the Act, which set requirements for party membership registers and provide for direct primaries or consensus in the nomination of candidates.
A seven-member panel of the apex court, presided over by Justice Adamu Jauro, reserved judgement after hearing arguments from the parties. The court said the date for judgement would be communicated to them.
INEC, represented by Dr Alex Izinyon, SAN, is the appellant, while the Zenith Labour Party, ZLP, represented by Ikechukwu Anyalewechhi, is the respondent.
The case, marked SC/CR/495/2026, originated from a suit filed by the ZLP at the Federal High Court in Abuja, challenging the disputed provisions of the Electoral Act.
The party argued that the provisions were inconsistent with the 1999 Constitution and amounted to unconstitutional interference in the internal affairs of political parties.
The Federal High Court, presided over by Justice Mohammed Umar, dismissed the suit in a judgement delivered on May 5, 2026.
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Dissatisfied with the decision, the ZLP appealed to the Abuja Division of the Court of Appeal in Appeal No. CA/ABJ/CV/750/2026.
In its judgement delivered on July 16, 2026, the Court of Appeal partly allowed the appeal and voided the provisions relating to party membership registers and candidate nomination.
The appellate court held that the disputed provisions conflicted with constitutional provisions governing political parties, prompting INEC to appeal to the Supreme Court.
Sections 77, 5,6,7 of the Electoral Act 2026 prescribe statutory requirements relating to political parties’ membership registers, while Section 84, 2, provides for direct primaries or consensus as methods for nominating candidates.
The ZLP had relied, among other provisions, on Sections 221 and 222 of the 1999 Constitution, which establish the constitutional framework for political parties.
INEC is asking the Supreme Court to determine whether the Court of Appeal was right to void the disputed provisions, while the ZLP is opposing the appeal.
The apex court’s judgement will determine the legal status of the provisions and their implications for political party membership registers and the nomination of candidates ahead of the 2027 general elections.
NAN
