Supreme Court Backs INEC, Rules Parties Must Obey Electoral Act on Primaries, Membership Registers

By Yinka Giwa
The Supreme Court has upheld key provisions of the Electoral Act 2026 regulating political party membership registers and the nomination of candidates, overturning an earlier Court of Appeal judgment that had invalidated portions of the law.

In a major judgment with implications for political parties preparing for the 2027 general elections, the apex court ruled on Thursday that the disputed provisions of the Electoral Act are not inconsistent with the 1999 Constitution.

A seven-member panel of the Supreme Court, led by Justice Adamu Jauro, consequently allowed an appeal filed by the Independent National Electoral Commission (INEC) and set aside the July 16, 2026 judgment of the Court of Appeal in Abuja, which had ruled partly in favour of the Zenith Labour Party (ZLP).

The Supreme Court restored the May 5 judgment of the Federal High Court in Abuja, which had dismissed ZLP’s challenge to the electoral provisions.

At the centre of the dispute were Sections 77(5), 77(6) and 77(7) of the Electoral Act 2026, which prescribe statutory requirements concerning political parties’ membership registers, and Section 84(2), which regulates methods for the nomination of candidates.

The apex court specifically upheld the validity of the provisions governing membership registers and candidate nomination, rejecting the argument that they amounted to unconstitutional interference in the internal affairs of political parties.

It also ordered ZLP to pay N2 million in costs.

The judgement effectively reverses the Court of Appeal decision that had voided provisions governing the compilation and use of party membership registers as well as the conduct of party primaries.

The legal battle began when ZLP approached the Federal High Court in Abuja to challenge Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act.

The party argued that the provisions conflicted with Sections 221 and 222 of the 1999 Constitution, which provide the constitutional framework for political parties, and contended that the National Assembly could not impose requirements that unlawfully interfered with parties’ internal affairs.

Justice Mohammed Umar of the Federal High Court dismissed the suit on 5 May 2026.

ZLP subsequently approached the Court of Appeal, which on 16 July allowed its appeal in part and voided provisions of the Electoral Act relating to political party primaries and membership registers.

INEC challenged that decision at the Supreme Court, asking the apex court to restore the Federal High Court’s judgement and uphold the disputed provisions.

The Supreme Court agreed with the electoral commission and reversed the appellate court’s decision.

The apex court also disposed of two separate election-related appeals involving the Social Democratic Party (SDP) and Youth Party (YP).

In the SDP case, the Supreme Court considered the appeal on its merits and dismissed it.

The Youth Party’s case suffered a different fate after the court upheld a preliminary objection filed by INEC.

The apex court struck out the appeal as incompetent after finding that it was filed one day outside the legally prescribed period.

Thursday’s judgment settles the legal challenge to the disputed provisions and restores the statutory framework governing party membership registers and the nomination of candidates as political parties intensify preparations for the 2027 general elections.