Supreme Court reserves judgment in INEC’s appeal against decision voiding Electoral Act

The Supreme Court has reserved judgment in an appeal filed by the Independent National Electoral Commission challenging a Court of Appeal decision that voided provisions of the Electoral Act 2026 relating to political party primaries and membership registers.

A seven-member panel of the apex court, presided over by Justice Adamu Jauro, heard arguments from the parties on Wednesday before announcing that a date for judgment would be communicated to them. The appeal, marked SC/CV/495/2026, challenges the Court of Appeal judgment delivered in Abuja on July 16, which voided Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act 2026.

The appellate court’s decision arose from an appeal marked CA/ABJ/CV/750/2026, filed by the Zenith Labour Party following the May 5 judgment of Justice Mohammed Umar of the Federal High Court in Abuja. Justice Umar had dismissed the party’s suit, marked FHC/ABJ/509/2026, challenging the constitutionality of the provisions.

Sections 77(5), 77(6) and 77(7) of the Electoral Act contain requirements relating to political parties’ membership registers, while Section 84(2) prescribes direct primaries or consensus as methods for political parties to nominate candidates.

At the Federal High Court, the party argued that the provisions conflicted with the 1999 Constitution and amounted to unconstitutional interference in the internal affairs of political parties. Its case relied, among other provisions, on Sections 221 and 222 of the Constitution, which provide part of the constitutional framework governing political parties.

The Court of Appeal subsequently allowed the party’s appeal in part and voided the disputed provisions. INEC’s appeal has now taken the dispute to the Supreme Court, which will determine whether the Court of Appeal’s decision should stand. No date has been announced for the delivery of the Supreme Court’s judgment.