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Supreme Court Restores Electoral Act Provisions, Upholds INEC Appeal Against ZLP
Supreme Court Restores Electoral Act Provisions, Upholds INEC Appeal Against ZLP
The Supreme Court of Nigeria has overturned the Court of Appeal’s decision that voided key provisions of the Electoral Act 2026 concerning political party membership registers and the nomination of candidates, restoring the position earlier reached by the Federal High Court.
A seven-member panel of the apex court, led by Justice Adamu Jauro, on Thursday, September 24, 2026, upheld the appeal filed by the Independent National Electoral Commission (INEC) and set aside the judgment of the Court of Appeal, which had partly favoured the Zenith Labour Party (ZLP).
The Supreme Court held that the disputed provisions of the Electoral Act are not inconsistent with the 1999 Constitution. The decision effectively restored the Federal High Court judgment that had dismissed ZLP’s constitutional challenge.
The apex court also awarded ₦2 million in costs against the Zenith Labour Party.
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The legal battle originated from a suit filed by ZLP at the Federal High Court in Abuja, challenging Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act 2026.
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Sections 77(5), 77(6) and 77(7) deal with statutory requirements relating to the membership registers of political parties, while Section 84(2) provides for direct primaries or consensus as methods through which political parties may nominate candidates.
ZLP had argued that the provisions amounted to unconstitutional interference in the internal affairs of political parties and were inconsistent with the constitutional framework governing political parties, particularly Sections 221 and 222 of the 1999 Constitution.
Justice Mohammed Umar of the Federal High Court, Abuja Division, dismissed the party’s suit on May 5, 2026.
Dissatisfied with the ruling, ZLP appealed to the Abuja Division of the Court of Appeal. On July 16, 2026, the appellate court allowed the appeal in part and voided portions of the Electoral Act relating to party membership registers and candidate nomination procedures.
The Court of Appeal’s decision subsequently prompted INEC to approach the Supreme Court, seeking the restoration of the provisions that had been struck down. After hearing arguments from the parties, the apex court reserved judgment on September 16 before delivering its ruling on Thursday.
In its latest judgment, the Supreme Court validated the disputed provisions, meaning the statutory requirements relating to political party membership registers and the recognised methods of candidate nomination remain in force under the Electoral Act 2026. The apex court also delivered judgments in two separate appeals involving the Social Democratic Party (SDP) and the Youth Party against INEC.
In the SDP case, the Supreme Court considered the appeal on its merits but dismissed it.
In the Youth Party case, the court upheld a preliminary objection filed by INEC and struck out the appeal after finding it incompetent. The court determined that the appeal had been filed one day outside the prescribed time limit.
The three decisions come as political parties and INEC prepare for the 2027 general elections, with the Supreme Court’s ruling providing judicial clarification on the statutory framework governing party membership registers and the nomination of candidates.
The ruling also brings to an end the latest stage of the legal dispute over whether the Electoral Act 2026 provisions improperly intrude into the constitutional rights of political parties or constitute valid statutory requirements for the electoral process.
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