The Supreme Court on Wednesday reserved judgment in a suit challenging provisions of the Electoral Act 2026 governing political party primaries and membership registers.
The case followed an appeal filed by the Independent National Electoral Commission against a judgment of the Court of Appeal which invalidated parts of the law.
The appeal, numbered SC/CR/495/2026, stemmed from a legal action instituted by the Zenith Labour Party at the Federal High Court in Abuja. The party had challenged certain provisions of the Electoral Act, arguing that they were inconsistent with the 1999 Constitution.
A seven-member panel of the Supreme Court, led by Justice Adamu Jauro, heard arguments from the parties before reserving its decision.
“This matter is now reserved for judgment, at a date to be communicated to the parties,” the Judge said.
INEC is the appellant in the case, while the Zenith Labour Party is the respondent.
The dispute began with suit No. FHC/ABJ/509/2026, filed by the ZLP against the provisions it considered unconstitutional. The Federal High Court, Abuja Division, presided over by Justice Mohammed Umar, dismissed the suit in a judgment delivered on May 5, 2026.
Unhappy with the decision, the ZLP proceeded to the Abuja Division of the Court of Appeal through Appeal No. CA/ABJ/CV/750/2026.
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In its July 16, 2026 judgment, the Court of Appeal partly upheld the party’s appeal and struck down provisions of the Electoral Act dealing with political party primaries and membership registers.
The ruling led INEC to approach the Supreme Court, as stated in the commission’s brief of argument filed in the matter.
The contested provisions are 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 political parties’ membership registers, Section 84(2) provides for direct primaries or consensus in the nomination of candidates by political parties.
At the Federal High Court, the ZLP maintained that the provisions amounted to unconstitutional interference in the internal administration of political parties and conflicted with the 1999 Constitution.
The party relied, among other constitutional provisions, on Sections 221 and 222, which establish the constitutional framework for political parties.
Following the Federal High Court’s dismissal of the case and the subsequent Court of Appeal ruling, INEC brought the matter before the apex court.
The Supreme Court is now to determine whether the Court of Appeal was right to invalidate the disputed sections or whether the statutory obligations imposed on political parties should be upheld.
The outcome is expected to affect the regulation of political parties, the compilation and submission of membership registers and the conduct of party primaries ahead of the 2027 general elections.