The Abuja Division of the Court of Appeal has nullified key provisions of the Electoral Act 2026 regulating political party membership registers and candidate nomination processes ahead of the 2027 general elections.
In a unanimous judgment delivered on Thursday, a three-member panel held that Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act are inconsistent with Sections 221 and 222 of the 1999 Constitution, which guarantee political parties the right to manage their internal affairs, including the selection of candidates.
The ruling followed an appeal, marked CA/ABJ/CV/750/2026, filed by the Zenith Party (ZP) against the Independent National Electoral Commission (INEC).
The party challenged the Federal High Court’s decision dismissing its suit against provisions of the Electoral Act relating to party membership registers and the conduct of primary elections.
Section 77(5) required only members whose names appeared in a register submitted to INEC at least 21 days before party primaries to vote. Section 77(6) prohibited parties from using any register other than the one submitted to the electoral commission, while Section 77(7) barred parties that failed to submit the register within the stipulated period from fielding candidates.
Section 84(2) also mandated political parties to nominate candidates through either direct primaries or consensus.
However, the appellate court ruled that those provisions unlawfully restricted the constitutional powers of political parties.
The court noted that Sections 177 and 182 of the Constitution already prescribe the qualifications and disqualifications for candidates seeking elective office.
It held that no provision of the Electoral Act or any subsidiary legislation could impose additional conditions capable of disqualifying a candidate or limiting the constitutional rights of political parties.
The judgment overturned the May 5 decision of Justice Mohammed Umar of the Federal High Court, Abuja, which had dismissed the Zenith Party’s suit for lacking merit.
