Abuja:The Supreme Court has upheld the appeal by the Independent National Electoral Commission (INEC) against the Court of Appeal’s judgment that voided parts of the Electoral Act 2026 concerning political party primaries and membership registers.
According to News Agency of Nigeria, a seven-member panel led by Justice Adamu Jauro set aside the Court of Appeal’s decision, which had favored the Zenith Labour Party (ZLP), and upheld the judgment of the trial court. The Supreme Court ruled that Sections 77(5) and 84 of the Electoral Act do not conflict with the 1999 Constitution, awarding N2 million in costs against the ZLP.
In addition, the court dismissed two separate appeals filed by the Social Democratic Party (SDP) and Youth Party challenging the decisions of the Court of Appeal. In the case of SDP vs INEC, the appeal was heard on its merits and subsequently dismissed. For the Youth Party’s appeal, the court upheld INEC’s preliminary objection and struck out the appeal for being incompetent as it was filed a day late.
At the Federal High Court, Abuja Division, ZLP had challenged provisions of the Electoral Act, arguing they were inconsistent with the 1999 Constitution. After the court dismissed the suit, ZLP appealed, leading to the Court of Appeal’s decision on July 16, 2026, which was later overturned by the Supreme Court. The contentious provisions included Sections 77(5), 77(6), 77(7), and 84(2) of the Electoral Act, which relate to political parties’ membership registers and the methods for candidate nominations.