2027 Primaries Hang in Balance as Supreme Court Weighs INEC Powers, Party Autonomy

…Apex court reserves judgement on bid to restore Electoral Act provisions voided as unconstitutional

By Franklin Adole
The Supreme Court has reserved judgement in a major electoral dispute that could shape how political parties choose candidates for the 2027 general elections, as the Independent National Electoral Commission (INEC) battles to restore key provisions of the Electoral Act 2026 struck down by the Court of Appeal.

At the centre of the case are Sections 77(5), (6) and (7), as well as Section 84(2) of the Act, which regulate political party membership registers and prescribe procedures for the nomination of candidates.

A seven-member panel of the Supreme Court, led by Justice Adamu Jauro, reserved judgement on Wednesday after INEC and the Zenith Labour Party (ZLP) adopted their final briefs of argument in appeal SC/CR/495/2026.

The apex court said the date for judgement would be communicated to the parties.

The case has assumed added significance ahead of the 2027 elections because its outcome could determine how far INEC and electoral legislation can go in regulating the internal processes through which political parties determine their membership and select candidates.

INEC wants the Supreme Court to overturn the July 16 judgment of the Court of Appeal in Abuja, which invalidated the four provisions after finding them inconsistent with Sections 221 and 222 of the 1999 Constitution, as amended.

The ZLP, on the other hand, urged the apex court to dismiss INEC’s appeal and uphold the appellate court’s judgment.

Section 77(5) of the Electoral Act provides that only persons whose names appear in a political party’s membership register submitted to INEC not later than 21 days before its primaries, congresses, or conventions are eligible to participate.

Section 77(6) bars a political party from using any membership register other than the one submitted to INEC, while subsection (7) provides that a party that fails to submit its membership register within the stipulated period would not be eligible to field a candidate.

Section 84(2), meanwhile, provides that political parties should nominate candidates for elective positions through direct primaries or consensus.

The legal battle began when the ZLP approached the Federal High Court in Abuja to challenge the constitutionality of the provisions, arguing that they infringed on the powers of political parties to manage their internal affairs and determine how their candidates should emerge.

Justice Mohammed Umar dismissed the suit on 5 May 2026, for lacking merit.

Dissatisfied, the ZLP approached the Court of Appeal in appeal CA/ABJ/CV/750/2026, asking it to determine whether provisions of an ordinary Act of the National Assembly could override constitutional powers granted to political parties.

On 16 July, a three-member panel of the Court of Appeal unanimously found merit in the party’s challenge and struck down the disputed provisions.

The appellate court held that Sections 221 and 222 of the Constitution recognise the powers of political parties in relation to sponsorship of candidates and their internal organisation, and that legislation could not impose conditions inconsistent with the Constitution.

It also considered constitutional provisions dealing with qualification and disqualification for elective office and held that an ordinary law could not introduce additional conditions capable of disqualifying a person already qualified under the Constitution.

INEC subsequently approached the Supreme Court, seeking the restoration of the provisions.

The electoral commission maintained its position on Wednesday as the parties adopted their briefs, urging the apex court to allow its appeal and reverse the Court of Appeal judgment.

ZLP asked the court to reject INEC’s arguments and affirm the nullification of the disputed sections.

The eventual Supreme Court judgment could have far-reaching consequences for the political parties preparing for the 2027 elections.

Should the apex court restore the provisions, parties would again be bound by the disputed statutory requirements governing membership registers and candidate-selection procedures.

If the Court of Appeal judgment is upheld, the wider autonomy over internal party processes recognised by that decision would remain, subject to the Constitution and other valid provisions of electoral law.