The Supreme Court has upheld the validity of key provisions of the Electoral Act 2026 governing political party membership registers and the nomination of candidates ahead of the 2027 elections.
A seven-member panel led by Justice Adamu Jauro, on Thursday, September 24, 2026, allowed an appeal by the Independent National Electoral Commission and set aside the Court of Appeal judgment that had invalidated parts of the law.
The apex court affirmed the earlier judgment of the Federal High Court and held that Sections 77(5) and 84 of the Electoral Act were not inconsistent with the 1999 Constitution, as amended.
It also awarded N2 million in costs against the Zenith Labour Party, which had challenged the provisions.
The dispute followed a suit filed by the ZLP against provisions requiring political parties to maintain membership registers and comply with statutory rules on candidate nomination.
The Federal High Court in Abuja, presided over by Justice Mohammed Umar, dismissed the suit on May 5, 2026.
The ZLP appealed, and on July 16, the Court of Appeal partly upheld its case, voiding provisions relating to party primaries and membership registers.
INEC subsequently appealed the decision to the Supreme Court.
The provisions at the centre of the legal battle included Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act 2026.
Sections 77(5) to 77(7) prescribe statutory requirements for political party membership registers, while Section 84(2) provides for direct primaries or consensus as methods for selecting candidates.
The Supreme Court also dismissed an appeal by the Social Democratic Party after hearing the matter on its merits.
An appeal by the Youth Party was struck out after the court upheld a preliminary objection that it was filed one day outside the prescribed period.