Reported by Ariajegbe Sylvia Esezobor
The Supreme Court has restored key provisions of the Electoral Act 2026 governing political party membership registers and the nomination of candidates, reversing a Court of Appeal judgment that had voided the sections and settling a legal uncertainty that had clouded preparations for the 2027 general elections.
The seven-member panel, led by Justice Adamu Jauro, on Thursday, September 24, 2026, allowed the appeal filed by the Independent National Electoral Commission, set aside the July 16 judgment of the Court of Appeal and restored the judgment of the Federal High Court, Abuja, which had dismissed the constitutional challenge brought by the Zenith Labour Party. The apex court held that Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act 2026 were not inconsistent with the 1999 Constitution and awarded N2 million in costs against the ZLP. The court also dismissed two separate appeals filed by the Social Democratic Party and the Youth Party, with the Youth Party's appeal struck out for being filed one day out of time.
The decision carries significant implications for how political parties will select their candidates for the 2027 polls. Under Section 77(5), only members whose names are contained in a party's membership register submitted to INEC at least 21 days before a primary, congress or convention are eligible to participate. Section 77(6) prevents a party from using any register other than the one submitted to INEC, while Section 77(7) provides that a party that fails to submit its register within the prescribed period is not eligible to field a candidate for an election. Section 84(2) prescribes direct primaries or consensus as the methods for nominating candidates.
The legal dispute began when the ZLP challenged the provisions at the Federal High Court in Abuja, arguing that they interfered with the constitutional powers of political parties to manage their internal affairs. The party anchored its case on Sections 221 and 222 of the Constitution, which provide the framework for political parties and give them the right to determine whom to sponsor in an election. Justice Mohammed Umar of the Federal High Court dismissed the suit on May 5, 2026. Dissatisfied, the ZLP appealed, and the Court of Appeal on July 16, in a unanimous decision led by Justice Eberechi Nyesom-Wike, allowed the appeal in part and voided the provisions. INEC subsequently approached the Supreme Court, and the apex court heard arguments and reserved judgment on September 16 before delivering its verdict on Thursday.
Legal practitioners have cautioned against interpreting the judgment as an automatic disqualification of candidates whose nominations may subsequently be questioned. Dr Y.G. Manjo said the Supreme Court had settled the constitutional validity of the statutory provisions but had not determined the validity or invalidity of individual candidates. "The validity of Section 77 is different from whether a particular candidate complied with the section," he said. Any challenge to an individual nomination would still have to be determined on its own facts, including the membership register submitted by the party, when it was submitted, the date of the primary and whether the applicable register was used.
The ruling has already generated fresh legal questions for prominent opposition figures. The defections of Peter Obi, Rabiu Musa Kwankwaso and other opposition figures from the African Democratic Congress to the Nigeria Democratic Congress on May 3, 2026, have come under renewed scrutiny. Legal practitioner Obono-obla has argued that the date of a defection, by itself, may not settle the question of whether the transfer was legally effective. According to his interpretation, a politician leaving one party must first ensure that the old party formally removes his or her details from its membership register before registering with another party. That raises a factual question: were the names and National Identification Numbers of those who moved from the ADC to the NDC properly removed from the former party's register before the new register was submitted to INEC? If the same individual remained on both registers, the restored statutory regime could create a dual-membership problem.
But the Supreme Court ruling does not itself disqualify Obi or Kwankwaso. The case before the apex court concerned the validity of the provisions of the Electoral Act dealing with party membership registers and candidate nomination procedures. The court held that the disputed provisions were not inconsistent with the Constitution and restored them. Any claim that Obi, Kwankwaso or another politician is personally disqualified would require separate examination of the individual's membership records, resignation process, nomination and the applicable procedural rules.
The judgment has been welcomed by election stakeholders as a necessary clarification. Samson Itodo, a prominent advocate for electoral reform, said the Supreme Court ruling restoring the Electoral Act provisions had averted confusion ahead of the 2027 elections. The decision removes the legal uncertainty that had arisen from the conflicting judgments of the Federal High Court and the Court of Appeal, and provides political parties with a clear framework for conducting their primaries and submitting their candidate lists to INEC.
The political parties that challenged the provisions must now comply with the same rules they sought to overturn. The ZLP's case was dismissed on its merits, and the N2 million cost awarded against it is a further signal that the courts will not entertain litigation deemed to lack merit. For the ADC and the NDC, the ruling means that the membership records they submit to INEC will be subject to greater scrutiny, and any inconsistency between the registers of the two parties could become a basis for legal challenge.
As the 2027 general elections approach, the Supreme Court's decision has settled a critical legal question and reinforced INEC's regulatory authority over the primary process. The focus now shifts to the political parties, which must navigate the requirements of the Electoral Act as they select their candidates for the most consequential election in Nigeria's recent history. The coming weeks will determine whether the parties can comply with the restored provisions without triggering fresh disputes over membership registers and nomination procedures. For now, the legal framework is clear, and the responsibility for compliance rests with the parties themselves.
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