The Court of Appeal in Abuja has declared unconstitutional key provisions of the Electoral Act 2026 regulating political party membership registers and the nomination of candidates for the 2027 general elections.
In a unanimous judgment delivered on Thursday, a three-member panel of the appellate court struck down Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act 2026, ruling that they conflict with Sections 221 and 222 of the 1999 Constitution (as amended), which guarantee political parties the autonomy to determine whom to sponsor for elections.
The panel, led by Justice Balkisu Bello Aliyu, delivered the lead judgment through Justice Eberechi Nyesom-Wike in Appeal No. CA/ABJ/CV/750/2026, filed by the Zenith Party (ZP) against the Independent National Electoral Commission (INEC).
The appeal challenged an earlier judgment of the Federal High Court in Abuja, where Justice Mohammed Umar, on May 5, dismissed the party’s suit contesting the constitutionality of the Electoral Act provisions relating to party membership registers and primary elections.
Under the now-invalidated provisions, political parties were required to submit their membership registers to INEC at least 21 days before primaries, with only members listed in the submitted register eligible to vote. The law also prohibited parties from using any other register and barred any party that failed to comply from fielding candidates in an election.
Section 84(2), also struck down by the court, required political parties to nominate candidates through either direct primaries or consensus.
In its ruling, the Court of Appeal held that the Constitution already provides the qualifications and disqualifications for candidates and political parties under Sections 177 and 182. It ruled that the Electoral Act could not impose additional conditions that would limit constitutional rights or interfere with the internal affairs of political parties.
The appellate court agreed with the Zenith Party’s argument that the disputed provisions amounted to an unconstitutional attempt to usurp the powers vested in political parties by the Constitution.
Further details are expected.
