Abuja, 7 October 2026
The Independent National Electoral Commission has received the Certified True Copy of the Supreme Court judgment of 24 September 2026, which restored Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act 2026.
A panel of seven justices, led by Justice Adamu Jauro, unanimously allowed the appeal filed by the commission, set aside the judgment of the Court of Appeal delivered on 16 July 2026, and restored the earlier decision of the Federal High Court. The apex court held that the restored provisions are not inconsistent with the 1999 Constitution.
INEC Chairman, Professor Joash Amupitan, SAN, disclosed the receipt of the certified judgment on Tuesday at the commission’s World Press Conference and National Stakeholders Meeting in Abuja. He said the Certified True Copy arrived only that morning and is now under review. The commission is examining the decision before determining how it will be applied to party registers, nominations and the list of candidates for the 2027 general election.
Professor Amupitan said the commission had received complaints from political parties, aggrieved aspirants and members of the National Assembly drawing attention to the judgment and to its implications for the revised timetable and schedule of activities for the 2027 polls. He gave no indication of a final position, stating only that the certified decision was being studied.
The dispute began when the Zenith Labour Party challenged the provisions at the Federal High Court in Abuja in suit number FHC/ABJ/509/2026. The party argued that the sections interfered with the right of political parties to regulate their internal affairs. Justice Mohammed Umar dismissed the suit on 5 May 2026. The Court of Appeal later allowed the party’s appeal in part and voided the provisions on 16 July 2026. INEC then appealed to the Supreme Court, which has now reversed that decision and reinstated the Federal High Court judgment. The apex court also awarded N2 million in costs against the Zenith Labour Party.
The restored sections govern membership registers and the nomination of candidates. Section 77(5) provides that only members whose names appear on the register submitted to INEC at least 21 days before a primary, congress or convention may take part in the exercise. Section 77(6) requires a party to use that submitted register for its primaries, congresses and conventions. Section 77(7) provides that a party which fails to submit its register within the prescribed period cannot field a candidate in the relevant election. Section 84(2) provides that political parties shall nominate candidates through direct primaries or consensus.
The judgment does not, on its face, cancel nominations already concluded. Legal observers have noted that questions remain over how far the restored provisions will reach individual candidates and primaries already held, and over whether fresh disputes may follow as parties prepare their lists for 2027. INEC has said it will not act on secondary reports of the ruling until its review of the certified judgment is complete.
By A.Ikechukwu
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