The Supreme Court on Wednesday reserved judgment in three separate appeals filed by the Independent National Electoral Commission challenging a Court of Appeal decision that invalidated parts of the Electoral Act 2026 concerning political party primaries and membership registers.
The Social Democratic Party (SDP) and the Youth Party (YP) have also lodged separate appeals against INEC in connection with decisions delivered by the Court of Appeal in their respective cases.
One of the appeals, marked SC/CR/495/2026, originated from a suit instituted by the Zenith Labour Party (ZLP) at the Federal High Court in Abuja. The party had challenged provisions of the Electoral Act 2026, arguing that they were inconsistent with the 1999 Constitution.
A seven-member panel of the Supreme Court, led by Justice Adamu Jauro, reserved judgment after hearing submissions from counsel representing the parties.
INEC, represented by its counsel, Dr Alex Izinyon, SAN, is the appellant, while the Zenith Labour Party is the respondent.
In its appeal, INEC urged the Supreme Court to dismissed the appeals filed by the YP and SDP.
The initial suit, numbered FHC/ABJ/509/2026, was filed by the ZLP to contest the validity of the disputed provisions of the Electoral Act 2026.
Justice Mohammed Umar of the Federal High Court, Abuja Division, dismissed the party’s case in a judgment delivered on May 5, 2026.
The ZLP, dissatisfied with the ruling, proceeded to the Abuja Division of the Court of Appeal, filing Appeal No. CA/ABJ/CV/750/2026.
In a judgment delivered on July 16, 2026, the Court of Appeal partly upheld the appeal and struck down provisions of the Electoral Act dealing with political party primaries and membership registers.
Following the decision, INEC filed an appeal at the Supreme Court, as outlined in the commission’s brief of argument submitted in the case.
The disputed provisions include Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act 2026.
While Sections 77(5), 77(6) and 77(7) set out statutory obligations concerning the membership registers of political parties, Section 84(2) provides for direct primaries or consensus as procedures for the nomination of candidates by political parties.
At the Federal High Court, the ZLP argued that the provisions were inconsistent with the 1999 Constitution and constituted unconstitutional interference in the internal administration of political parties.
The party relied, among other provisions, on Sections 221 and 222 of the Constitution, which establish the constitutional framework governing political parties.
Following the dismissal of its case by the Federal High Court, the ZLP appealed to the Court of Appeal, resulting in the July 16 judgment.
INEC subsequently approached the Supreme Court to challenge the Court of Appeal’s decision.
The Supreme Court will determine whether the Court of Appeal was correct in nullifying the contested provisions of the Electoral Act or whether the statutory obligations imposed on political parties should remain operative.
The outcome is expected to affect the legal framework governing political parties, including the preparation and submission of membership registers and the procedures for conducting party primaries ahead of the 2027 general elections.
