The Court of Appeal sitting in Abuja has struck down four key provisions of the Electoral Act 2026, ruling that they are inconsistent with the 1999 Constitution and unlawfully restrict the internal affairs of political parties.
The affected provisions are Sections 77(5), 77(6), 77(7) and 84(2), which deal principally with political party membership registers and the procedures through which parties select candidates for elections.
In a unanimous judgment delivered by a three-member panel led by Justice Balkisu Bello Aliyu, the appellate court overturned the earlier decision of the Federal High Court in a case involving the Zenith Party and the Independent National Electoral Commission (INEC).
The lead judgment was delivered by Justice Eberechi Nyesom-Wike, with the panel holding that political parties cannot be subjected to statutory restrictions that interfere with powers guaranteed to them under the Constitution.
The court consequently struck down Section 77(5), which restricted participation in party primaries to members whose names appeared on the membership register submitted to INEC. Section 77(6), which prevented parties from using a different register during primaries, congresses and conventions, was also nullified.
Similarly, Section 77(7), which could prevent a political party from fielding candidates where it failed to submit its membership register within the stipulated period, was declared unconstitutional. The court also struck down Section 84(2), which limited candidate nomination to direct primaries or consensus.
The Court of Appeal held that political parties should retain greater discretion over their internal affairs, particularly in determining the procedures through which they select their candidates, while stressing that the judgment did not invalidate the entire Electoral Act or abolish the requirement for parties to maintain and submit membership registers to INEC.
The judgment is expected to have significant implications for the 2027 general elections, particularly the conduct of party primaries and the nomination of candidates, as political parties may now have greater latitude in managing their internal electoral processes. Authority.
