Supreme Court Restores Electoral Act Provisions Ahead of 2027 Polls:
Apex Court upholds INEC appeal, validates rules on party registers and candidate nomination
The Supreme Court has overturned the earlier decision of the Court of Appeal that nullified key provisions of the Electoral Act 2026, restoring the disputed provisions ahead of the 2027 general elections.
In a unanimous judgment delivered on Thursday, September 24, a seven-member panel of the apex court, led by Justice Adamu Jauro, upheld the appeal filed by the Independent National Electoral Commission (INEC) and set aside the judgment of the Court of Appeal.
The decision specifically reinstated Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act 2026. The Supreme Court held that the provisions are not inconsistent with the 1999 Constitution, as amended.
What the restored provisions mean
Under Section 77(5), only members whose names appear on a political party’s membership register submitted to INEC at least 21 days before a primary, congress or convention are eligible to participate in the exercise.
Section 77(6) requires political parties to use the membership register submitted to INEC for their primaries, congresses and conventions, while Section 77(7) provides consequences for parties that fail to submit their membership registers within the prescribed period.
Meanwhile, Section 84(2) provides for the nomination of candidates through direct primaries or consensus.
The Supreme Court’s ruling therefore settles, at the apex court level, the legal challenge surrounding these provisions and their application to political parties ahead of the 2027 elections.
How the legal dispute started
The matter originated from a suit filed by the Zenith Labour Party (ZLP) at the Federal High Court in Abuja, challenging the constitutionality of the affected provisions.
The Federal High Court, presided over by Justice Mohammed Umar, dismissed the suit on May 5, 2026. ZLP subsequently appealed to the Abuja Division of the Court of Appeal.
On July 16, the Court of Appeal allowed the party’s appeal in part and struck down the disputed provisions, holding that they conflicted with constitutional provisions governing political parties.
Dissatisfied with that decision, INEC approached the Supreme Court in an appeal marked SC/CR/495/2026, seeking the reversal of the appellate court’s judgment.
The apex court has now upheld INEC’s appeal and restored the Federal High Court’s earlier decision.
N2m cost awarded against ZLP
In addition to allowing INEC’s appeal, the Supreme Court awarded ₦2 million in costs against the Zenith Labour Party.
The judgment comes as political parties prepare for the 2027 general elections, with the restored provisions now providing the statutory framework concerning membership registers and candidate-nomination procedures.
