The Supreme Court has reserved judgment in an appeal by the Independent National Electoral Commission (INEC) against a Court of Appeal decision voiding some provisions of the Electoral Act 2026 on political party primaries and membership registers.
A seven-man panel of the apex court, presided over by Justice Adamu Jauro, reserved judgment on Wednesday after hearing arguments from INEC and the Zenith Labour Party (ZLP).
INEC is the appellant, while the ZLP is the respondent.
“This matter is now reserved for judgment, at a date to be communicated to the parties,” Jauro said.
The appeal, marked SC/CR/495/2026, followed a suit filed by the ZLP at the Federal High Court in Abuja challenging provisions of the Electoral Act which the party argued were inconsistent with the 1999 Constitution.
The original suit, marked FHC/ABJ/509/2026, was dismissed by the Federal High Court, Abuja, presided over by Justice Mohammed Umar, in a judgment delivered on May 5, 2026.
Dissatisfied with the decision, the ZLP appealed to the Abuja Division of the Court of Appeal in Appeal No. CA/ABJ/CV/750/2026.
In its judgment delivered on July 16, 2026, the Court of Appeal allowed the appeal in part and voided provisions of the Electoral Act dealing with political party primaries and membership registers.
INEC subsequently approached the Supreme Court to challenge the appellate court’s decision.
The provisions at the centre of the dispute are Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act 2026.
Sections 77(5), 77(6) and 77(7) deal with statutory requirements relating to political parties’ membership registers, while Section 84(2) provides for direct primaries or consensus as methods of nominating candidates by political parties.
The ZLP had argued before the Federal High Court that the provisions amounted to unconstitutional interference in the internal affairs of political parties and conflicted with the 1999 Constitution.
The party relied, among others, on Sections 221 and 222 of the Constitution, which provide the constitutional framework for political parties.
Following the dismissal of the suit by the Federal High Court, the ZLP proceeded to the Court of Appeal, resulting in the July 16 judgment that prompted INEC’s appeal to the Supreme Court.
The apex court is now expected to determine whether the Court of Appeal was right to void the disputed provisions or whether the statutory requirements imposed on political parties should remain in force.
The judgment could affect the regulation of political parties, submission and maintenance of membership registers, and the conduct of party primaries ahead The Supreme Court has reserved judgment in an appeal by the Independent National Electoral Commission (INEC) against a Court of Appeal decision voiding some provisions of the Electoral Act 2026 on political party primaries and membership registers.
A seven-man panel of the apex court, presided over by Justice Adamu Jauro, reserved judgment on Wednesday after hearing arguments from INEC and the Zenith Labour Party (ZLP).
INEC is the appellant, while the ZLP is the respondent.
“This matter is now reserved for judgment, at a date to be communicated to the parties,” Jauro said.
The appeal, marked SC/CR/495/2026, followed a suit filed by the ZLP at the Federal High Court in Abuja challenging provisions of the Electoral Act which the party argued were inconsistent with the 1999 Constitution.
The original suit, marked FHC/ABJ/509/2026, was dismissed by the Federal High Court, Abuja, presided over by Justice Mohammed Umar, in a judgment delivered on May 5, 2026.
Dissatisfied with the decision, the ZLP appealed to the Abuja Division of the Court of Appeal in Appeal No. CA/ABJ/CV/750/2026.
In its judgment delivered on July 16, 2026, the Court of Appeal allowed the appeal in part and voided provisions of the Electoral Act dealing with political party primaries and membership registers.
INEC subsequently approached the Supreme Court to challenge the appellate court’s decision.
The provisions at the centre of the dispute are Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act 2026.
Sections 77(5), 77(6) and 77(7) deal with statutory requirements relating to political parties’ membership registers, while Section 84(2) provides for direct primaries or consensus as methods of nominating candidates by political parties.
The ZLP had argued before the Federal High Court that the provisions amounted to unconstitutional interference in the internal affairs of political parties and conflicted with the 1999 Constitution.
The party relied, among others, on Sections 221 and 222 of the Constitution, which provide the constitutional framework for political parties.
Following the dismissal of the suit by the Federal High Court, the ZLP proceeded to the Court of Appeal, resulting in the July 16 judgment that prompted INEC’s appeal to the Supreme Court.
The apex court is now expected to determine whether the Court of Appeal was right to void the disputed provisions or whether the statutory requirements imposed on political parties should remain in force.
The judgment could affect the regulation of political parties, submission and maintenance of membership registers, and the conduct of party primaries ahead of the 2027 general elections.of the 2027 general elections.
Discussion0