Supreme Court upholds INEC appeal, validates Electoral Act provisions on party primaries

The Supreme Court has upheld an appeal filed by the Independent National Electoral Commission (INEC) challenging a Court of Appeals’ decision striking down part of the provisions of the Electoral Act 2026 relating to political party primaries and membership registers.

The Court of Appeal, Abuja Division, had in a July 16 decision sided with the Zenith Labour Party (ZLP) in its case disputing sections 77(5), (6) and (7), as well as 84(2) of the Electoral Act 2026, arguing that the provisions were unconstitutional.

Sections 77(5), 77(6) and 77(7) set out the statutory requirements for political parties’ membership registers, while Section 84(2) provides for direct primaries or consensus as methods for nominating candidates by political parties.

In its judgement in the case, the Appeal Court unanimously agreed with part of ZLP and struck down part of the Electoral Act relating to party primaries and membership registers, prompting INEC to appeal the decision to the apex court.

Meanwhile, on Thursday, a seven-member panel of the Supreme Court upheld the appeal filed by the electoral commission, while faulting the Court of Appeal for not dismissing the case in its entirety.

The apex court also validated sections 77(5), (6),  (7), and 84(2) of the Electoral Act 2026, stating that the provisions are not in conflict with the provisions of the 1999 Constitution, as amended.

The Supreme Court also awarded N2 million cost against the respondent, ZLP.

Justice Mohammed Umar of the Federal High Court, Abuja Division, had on May 5 initially dismissed the ZLP’s suit originally marked as FHC/ABJ/509/2026 for lacking merit.