The Supreme Court has reserved judgment in a significant appeal filed by the Independent National Electoral Commission (INEC) challenging a Court of Appeal ruling that voided key provisions of the Electoral Act 2026 concerning political party primaries and membership registers. The case, marked SC/CR/495/2026, was heard by a seven-member panel presided over by Justice Adamu Jauro on Wednesday, with arguments presented by both parties. INEC, represented by Dr. Alex Izinyon SAN, is appealing the decision, while the Zenith Labour Party (ZLP), represented by Ikechukwu Anyalewechhi, remains the respondent.
The legal battle traces back to a suit filed by the ZLP at the Federal High Court, Abuja, under case number FHC/ABJ/509/2026. The party challenged Sections 77(5), 77(6), 77(7), and 84(2) of the Electoral Act 2026, arguing they were inconsistent with the 1999 Constitution. Specifically, the ZLP contended that these sections unconstitutionally interfered with the internal affairs of political parties. The Federal High Court, presided over by Justice Mohammed Garba Umar, dismissed the suit on May 5, 2026, but the ZLP appealed to the Abuja Division of the Court of Appeal.
In its judgment delivered on July 16, 2026, the Court of Appeal allowed the appeal in part and struck down the contested provisions. The appellate court ruled that the statutory requirements on party membership registers and nomination methods—particularly Section 84(2), which mandates direct primaries or consensus for candidate nominations—violated constitutional principles. The ZLP’s argument was grounded in Sections 221 and 222 of the 1999 Constitution, which outline the constitutional framework for political parties in Nigeria.
INEC’s appeal before the Supreme Court seeks to uphold the validity of these provisions, asserting their necessity for transparency, accountability, and fairness in electoral processes. The apex court now faces the critical task of determining whether the lower courts correctly interpreted the constitutional boundaries between state regulation and party autonomy. The outcome will have far-reaching implications for how political parties operate and nominate candidates ahead of future elections.
As Nigeria continues to refine its democratic institutions, this case highlights the ongoing tension between electoral oversight and party independence. The Supreme Court’s decision will set a precedent for how electoral laws interact with constitutional rights, shaping the future of political participation in the country.
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