ABUJA, 25 September 2026. Nigeria’s Supreme Court has restored key provisions of the Electoral Act 2026 that govern political party membership registers and the nomination of candidates, overturning an earlier Court of Appeal decision that had struck them down.
A seven member panel led by Justice Adamu Jauro delivered a unanimous judgment on Thursday in an appeal brought by the Independent National Electoral Commission. The court set aside the Court of Appeal’s July ruling, which had favoured the Zenith Labour Party, and reinstated the Federal High Court judgment of 5 May 2026 that dismissed the party’s challenge.
The restored sections are 77(5), 77(6), 77(7) and 84(2). They require that only members whose names appear on a register submitted to INEC at least 21 days before a primary, congress or convention may take part. Parties must use that submitted register and no other. A party that fails to submit its register in time cannot field candidates. Nomination of candidates must be by direct primaries or by consensus.
The court held that these provisions are not inconsistent with the 1999 Constitution and do not amount to unlawful interference in the internal affairs of political parties. It awarded costs of two million naira against the Zenith Labour Party.
The same panel also dealt with two related appeals. It dismissed on the merits an appeal by the Social Democratic Party against INEC. It struck out an appeal by the Youth Party after upholding INEC’s preliminary objection, finding the appeal incompetent because it was filed one day out of time.
The dispute began when the Zenith Labour Party sued at the Federal High Court in Abuja, arguing that the statutory rules on registers and nomination methods conflicted with constitutional provisions on political parties. The High Court rejected that argument. The Court of Appeal allowed the party’s appeal in part and voided the relevant sections. INEC then appealed to the Supreme Court.
The ruling confirms INEC’s authority to enforce the statutory requirements on membership lists and candidate selection. Political parties that wish to field candidates must now comply with the restored rules on the submission and use of membership registers and on the methods of nomination.
By A.Ikechukwu
