The Court of Appeal in Abuja has declared unconstitutional key provisions of the Electoral Act 2026 regulating political parties’ membership registers and the nomination of candidates for the 2027 general elections, ruling that they infringe on the constitutional powers of political parties.
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, holding that they are inconsistent with Sections 221 and 222 of the 1999 Constitution (as amended), which guarantee political parties the right to determine their internal affairs, including the choice of candidates for elections.
The panel, led by Justice Balkisu Bello Aliyu, delivered the lead judgment through Justice Eberechi Nyesom-Wike.
The decision followed an appeal filed by the Zenith Party (ZP) against the Independent National Electoral Commission (INEC), challenging an earlier judgment of the Federal High Court that upheld the disputed provisions of the Electoral Act.
The appeal, marked CA/ABJ/CV/750/2026, stemmed from the dismissal of the party’s suit by Justice Mohammed Umar of the Federal High Court, Abuja, on May 5, 2026. The lower court had held that the suit lacked merit.
At the centre of the dispute were provisions of the Electoral Act requiring political parties to submit their membership registers to INEC at least 21 days before primaries, congresses or conventions, while restricting parties to the use of only the submitted register for such exercises.
The law further stipulated that parties that failed to comply with the requirement would be barred from fielding candidates in elections.
Section 84(2) of the Act also prescribed that political parties could nominate candidates only through direct primaries or consensus.
The Zenith Party argued that the provisions amounted to an unconstitutional encroachment on the autonomy of political parties, contending that the Constitution exclusively empowers parties to regulate their internal processes and determine the method for selecting candidates.
Agreeing with the appellant, the Court of Appeal held that the Constitution had already exhaustively provided the qualifications and disqualifications for candidates seeking elective office.
The court ruled that no provision of an ordinary statute could impose additional conditions capable of disqualifying a candidate or restricting the constitutional powers of political parties.
The judgment is expected to have significant implications for political parties’ internal processes and preparations for the 2027 general elections, reinforcing their constitutional autonomy over membership administration and candidate nomination procedures.
