Appeal Court Strikes Down Portions of Electoral Act as Unconstitutional

The single sharpest fact is that the Court of Appeal in Abuja has struck down sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act 2026 as unconstitutional. This decision was taken in a unanimous ruling by a three-member panel of the appellate court.

The judgment was delivered in an appeal marked CA/ABJ/CV/750/2026, which was filed by the Zenith Party (ZP) against the Independent National Electoral Commission (INEC). The ZP had appealed to challenge the dismissal of a suit it filed to query the constitutionality of some provisions of the Electoral Act 2026 relating to membership registers of political parties and the conduct of primary elections.

The sections struck down stipulate that only persons whose names are contained in the register submitted to INEC not later than 21 days before the date fixed for primaries, congresses or conventions, would be eligible to vote. Sub-section 77(6) provides that a political party shall not use any other register for party primaries, congresses and conventions except the register submitted to the Commission.

Likewise, sub-section 77(7) provides that a political party that fails to submit the membership register within the stipulated time shall not be eligible to field a candidate for the election. Section 84(2) of the Electoral Act 2026 provides that the procedure for the nomination of candidates by political parties for the various elective positions shall be by direct primaries or consensus.

The lead judgment was delivered by Justice Eberechi Nyesom-Wike, while the panel was led by Justice Balkisu Bello Aliyu. The decision was a unanimous one.

The judgment noted that sections 177 and 182 of the 1999 Constitution, as amended, already listed the qualifying and disqualifying factors for political parties and candidates in an election. It held that no other condition contained in a subsidiary law could disqualify an individual already qualified by the Constitution.

The ZP had prayed the appellate court to determine whether the stated provisions of the Electoral Act are superior to the powers donated to political parties by the 1999 Constitution, as amended. It urged the appellate court to determine if the electoral law was not an attempt to usurp the right of political parties to decide how to conduct their internal affairs.

The appellate court noted that the provisions of the Electoral Act struck down are inconsistent with provisions of sections 221 and 222 of the 1999 Constitution, as amended, which give political parties the right to decide whom to sponsor in an election.

The judgment followed an appeal marked CA/ABJ/CV/750/2026, which the Zenith Party (ZP) lodged against the Independent National Electoral Commission (INEC).

Justice Mohammed Umar of the Federal High Court in Abuja had, on May 5, dismissed ZP's suit as lacking in merit. Dissatisfied with the judgment, the party approached the appellate court, praying it to, among others, determine whether the stated provisions of the Electoral Act are superior to the powers donated to political parties by the 1999 Constitution, as amended.

The party urged the appellate court to determine if the electoral law was not an attempt to usurp the right of political parties to decide how to conduct their internal affairs.

The sections struck down will have a significant impact on the 2027 general elections. The decision will give political parties more freedom to decide how to conduct their internal affairs, which may lead to changes in the way primary elections are conducted.

The Independent National Electoral Commission (INEC) will have to re-evaluate its procedures for the nomination of candidates and the conduct of primary elections.

The judgment followed an appeal marked CA/ABJ/CV/750/2026, which the Zenith Party (ZP) lodged against the Independent National Electoral Commission (INEC). The ZP had prayed the appellate court to determine whether the stated provisions of the Electoral Act are superior to the powers donated to political parties by the 1999 Constitution, as amended.

The decision will have a significant impact on the 2027 general elections.

The Independent National Electoral Commission (INEC) will have to re-evaluate its procedures for the nomination of candidates and the conduct of primary elections.

The Impact of the Judgment

The judgment will give political parties more freedom to decide how to conduct their internal affairs, which may lead to changes in the way primary elections are conducted. This may lead to a more democratic process where political parties have more control over their internal affairs. The judgment is also a boost for the Zenith Party (ZP) and other political parties that have been challenging the provisions of the Electoral Act 2026. It shows that the judiciary is willing to listen to the concerns of political parties and make decisions that are in their favour. However, the judgment may also have a negative impact on the electoral process. It may lead to a more chaotic process where political parties are not following a standard procedure for the nomination of candidates. The outcome of the judgment is still uncertain.

Next Steps

The Independent National Electoral Commission (INEC) will have to re-evaluate its procedures for the nomination of candidates and the conduct of primary elections. The Commission will also have to consider the implications of the judgment on the 2027 general elections.

The Zenith Party (ZP) and other political parties will also have to consider the implications of the judgment on their internal affairs. The parties will have to decide whether to follow the standard procedure for the nomination of candidates or to adopt a new procedure that is more democratic. The outcome of the judgment is still uncertain.