Supreme Court: Reserves INEC ZLP Electoral Act 2026 Judgment

• The Supreme Court has reserved judgment in an appeal concerning the validity of provisions within the Electoral Act 2026.
• The Independent National Electoral Commission (INEC) is appealing a Court of Appeal decision that voided sections related to political party primaries and membership registers.
• The case originated from a suit filed by the Zenith Labour Party (ZLP), which argued the provisions conflicted with the 1999 Constitution.
• The disputed sections, including 77(5), 77(6), 77(7), and 84(2), regulate party membership registers and candidate nomination methods.
• The Supreme Court's impending judgment will significantly impact the regulation of political parties and the conduct of the 2027 general elections.

For legal professionals advising political parties, candidates, or engaged in electoral litigation, this Supreme Court ruling will provide crucial guidance.

The Supreme Court of Nigeria has recently concluded arguments in a significant appeal concerning the validity of certain provisions within the Electoral Act 2026, reserving its judgment for a later date. This pivotal case, identified as SC/CR/495/2026, pits the Independent National Electoral Commission (INEC) against the Zenith Labour Party (ZLP). The apex court's decision will clarify the legal framework governing political party primaries and the management of membership registers, issues central to the integrity of future elections.

The appeal originated from a challenge initiated by the Zenith Labour Party at the Federal High Court in Abuja. The ZLP contended that specific sections of the Electoral Act 2026 were inconsistent with the nation's 1999 Constitution, arguing they represented an undue interference in the internal affairs of political organizations. After the Federal High Court initially dismissed the ZLP's suit, the party successfully appealed to the Court of Appeal, which subsequently voided the contentious provisions. This outcome then prompted INEC to escalate the matter to the Supreme Court.

At the heart of this legal contest are Sections 77(5), 77(6), 77(7), and 84(2) of the Electoral Act 2026. The first three subsections, 77(5), 77(6), and 77(7), impose statutory requirements related to the maintenance and submission of political parties' membership registers. These provisions dictate how parties must manage their membership data, a critical aspect for ensuring transparency in internal party processes.

Section 84(2) of the same Act outlines the permissible methods for nominating candidates by political parties, specifically prescribing either direct primaries or consensus arrangements. The Zenith Labour Party's core argument, presented initially at the trial court, was that these provisions overstepped constitutional boundaries, particularly infringing upon Sections 221 and 222 of the 1999 Constitution, which establish the fundamental framework for political parties. The ZLP maintained that such legislative mandates constituted an unconstitutional intrusion into the autonomous operations of political entities.

The legal trajectory of this case began with the Zenith Labour Party's original suit, FHC/ABJ/509/2026, filed at the Federal High Court, Abuja Division. On May 5, 2026, Justice Mohammed Umar presided over the court's decision to dismiss the ZLP's action, upholding the validity of the disputed Electoral Act provisions. Dissatisfied with this ruling, the ZLP pursued an appeal, lodging it with the Abuja Division of the Court of Appeal under case number CA/ABJ/CV/750/2026.

The appellate court, in its judgment delivered on July 16, 2026, partially allowed the ZLP's appeal. Crucially, it proceeded to void the specific sections of the Electoral Act pertaining to party primaries and membership registers. This decision by the Court of Appeal then compelled the Independent National Electoral Commission to file the current appeal before the Supreme Court. A seven-member panel of the apex court, led by Justice Adamu Jauro, heard the arguments from both INEC, as the appellant, and the Zenith Labour Party, as the respondent, before reserving its final judgment. The Supreme Court is now tasked with determining whether the Court of Appeal's decision to invalidate these provisions was legally sound, or if the statutory requirements imposed on political parties should, in fact, be upheld.

The impending Supreme Court INEC ZLP Electoral Act 2026 judgment carries profound implications for the regulatory landscape of political parties in Nigeria and the conduct of future elections. Its outcome will definitively shape the legal framework for how political parties manage their internal affairs, particularly regarding the maintenance and submission of membership registers and the procedures for conducting party primaries. This clarity is essential for all stakeholders, especially as the nation prepares for the 2027 general elections.

For legal professionals advising political parties, candidates, or engaged in electoral litigation, this Supreme Court ruling will provide crucial guidance. It will clarify the precise compliance requirements under the Electoral Act 2026, directly influencing strategic planning and operational decisions for the upcoming electoral cycle. The judgment will either affirm the legislative intent behind the disputed sections, thereby reinforcing INEC's regulatory powers, or it will uphold the constitutional arguments of the ZLP, potentially granting political parties greater autonomy in their internal processes. The decision will undoubtedly set a significant precedent for Nigerian political party primaries law and the broader electoral system.

Lawyers advising political parties, candidates, or involved in electoral litigation must closely monitor this Supreme Court judgment. It will definitively clarify the legal framework for political party primaries and membership registers under the Electoral Act 2026, directly impacting compliance requirements and strategic planning for the upcoming 2027 general elections.

Source: Original reporting via The PUNCH