Supreme Court Restores Key Electoral Act Provisions on Party Membership, Candidate Nomination

By: Tunji Okunlola

The Supreme Court has restored key provisions of the Electoral Act 2026 governing political party membership and candidate nomination in a ruling that could impose greater statutory obligations on political parties ahead of the 2027 general elections.

A seven-member panel led by Justice Adamu Jauro on Thursday allowed an appeal filed by the Independent National Electoral Commission (INEC), setting aside the Court of Appeal’s July 16 judgment and reinstating the Federal High Court, Abuja’s earlier decision, which had dismissed a constitutional challenge brought by the Zenith Labour Party (ZLP).

The apex court held that Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act 2026 are not inconsistent with the 1999 Constitution, and awarded N2 million in costs against the ZLP. The ruling effectively reverses the Court of Appeal’s earlier decision, which had voided the disputed provisions after finding them constitutionally inconsistent.

Under the restored provisions, Section 77(5) limits participation in a party’s primary, congress or convention to members whose names appear in a membership register submitted to INEC at least 21 days beforehand. Section 77(6) bars parties from using any register other than the one submitted to INEC for these exercises, while Section 77(7) disqualifies a party from fielding a candidate if it fails to submit its membership register within the prescribed period. Section 84(2) prescribes direct primaries or consensus as the only methods parties may use to nominate candidates for elective office.

Taken together, the provisions mean parties preparing for the 2027 elections will need to pay close attention to the membership register they submit to INEC, its submission timeline, and their compliance with the statutory nomination procedure.

Tags: #2027 elections #INEC #Supreme Court #Zenith Labour Party


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