The Supreme Court on Thursday upheld the Independent National Electoral Commission’s (INEC) appeal challenging a Court of Appeal judgment that had voided parts of the Electoral Act 2026.
A seven-member panel led by Justice Adamu Jauro set aside the July 16 judgment of the Court of Appeal and restored the earlier decision of the Federal High Court.
The apex court held that Sections 77(5) and 84 of the Electoral Act, which relate to political party membership registers and candidate nomination, are not inconsistent with the 1999 Constitution. It also awarded N2 million in costs against the Zenith Labour Party (ZLP).
The case followed a suit filed by ZLP at the Federal High Court in Abuja challenging Sections 77(5), 77(6), 77(7), and 84(2) of the Electoral Act.
The Federal High Court dismissed the suit on May 5, 2026, but the Court of Appeal later allowed ZLP’s appeal in part and voided the disputed provisions.
INEC subsequently appealed to the Supreme Court, which reserved judgment on the matter on September 16 after hearing arguments from the parties.
In separate judgments on Thursday, the Supreme Court also dismissed an appeal filed by the Social Democratic Party (SDP) against INEC.
The court further struck out the Youth Party’s appeal after upholding INEC’s preliminary objection. The apex court held that the appeal was incompetent because it was filed one day outside the prescribed period.
The Supreme Court’s decision restores the disputed Electoral Act provisions ahead of the 2027 general elections, including requirements concerning party membership registers and the nomination of candidates through direct primaries or consensus.
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