Supreme Court Reinstates Key Electoral Act Rules

The Supreme Court on Thursday brought back four parts of the Electoral Act 2026 that the Court of Appeal had cancelled after a challenge from the Zenith Labour Party (ZLP).

These parts, sections 77(5), 77(6), 77(7), and 84(2), relate to how political parties keep their membership lists and choose candidates for elections.

The seven judges of the Supreme Court made a unanimous decision on Thursday. They allowed an appeal from the Independent National Electoral Commission (INEC) against the Court of Appeal's ruling.

According to Vanguard, the main judgement, given by Judge Adamu Jauro, stated that the parts in question do not clash with the Nigerian constitution.

The Supreme Court reinstated the earlier ruling from the Federal High Court in Abuja. That court had dismissed the ZLP's case about the legality of these parts.

The court also ordered the ZLP to pay N2 million in costs, as they were listed as a respondent in INEC’s appeal.

The sections of the Electoral Act deal with how political parties manage their membership lists and choose candidates for elections.

Section 77(5) says that only members whose names are on a party's membership list submitted to INEC at least 21 days before a primary, congress, or convention can vote in that exercise.

Section 77(6) requires that parties use the membership list submitted to INEC for their primaries, congresses, and conventions. Section 77(7) states that a party that does not submit its list on time cannot field a candidate for an election.

Section 84(2) says political parties must choose candidates for elective positions through direct primaries or consensus.

The ZLP had taken these parts to the Federal High Court in Abuja. They argued that these rules interfered with the parties' constitutional power to manage their internal affairs, including how they select candidates.

But Judge Mohammed Umar of the Federal High Court dismissed the case on May 5.

The party then took the matter to the Court of Appeal, challenging the Federal High Court’s ruling. They wanted the appellate court to decide if the Electoral Act could put conditions on political parties that go beyond what the Constitution says.

In a judgement given in July, the Court of Appeal supported the party's challenge and cancelled the four parts.

The Court of Appeal stated that these parts were not consistent with the constitution.

Not happy with that decision, INEC then went to the Supreme Court.

INEC asked the Supreme Court to reverse the Court of Appeal's decision and restore the four parts of the Electoral Act.

On the other hand, the ZLP opposed the appeal and asked the Supreme Court to dismiss it.

The Supreme Court granted INEC’s appeal and brought back the parts that the Court of Appeal had previously cancelled.

This decision means political parties must follow the rules about membership lists, including the deadline for submitting their list to INEC and the need to use that list for primaries and conventions.

If a party does not follow the requirement in Section 77(7), they will also face the consequences of not being able to field a candidate in an election.

This ruling comes after political parties have already held their primaries for the 2027 general elections. The restored parts will apply to future elections and the processes for party primaries, congresses, and nominations.