INEC receives Certified True Copy of Supreme Court judgement on Electoral Act provisions
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The Independent National Electoral Commission (INEC) on Tuesday received the Certified True Copy (CTC) of the Supreme Court judgment on the validity of key provisions of the Electoral Act 2026 following a legal challenge by the Zenith Labour Party (ZLP).
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INEC Chairman, Joash Amupitan, disclosed this at INEC’s World Press Conference in Abuja on Tuesday.
Mr Amupitan, a professor, said the commission has received complaints from political parties, aspirants and the National Assembly alerting it to the Supreme Court judgment.
“We have recently received complaints from some political parties, and our new aspirants, and even from the National Assembly, drawing our attention to the recent Supreme Court decision of the Zenith Labour Party, delivered on 24 September 2026, affirming the constitutionality of Sections 5 to 7 of the Electoral Act 2026, and also upholding our revised timetable and schedule of activities for the 2027 General Election,” he said.
“We only received a certified copy of this judgment this morning, and it is being reviewed.”
The Ruling
The Supreme Court judgment concerns Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act 2026, which regulate political parties’ membership registers and the nomination of candidates for elective positions.
The court, in a unanimous judgment delivered on 24 September, restored the four provisions after the Court of Appeal had earlier voided them.
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The court ruled that section 77(5) provides that only members whose names appear on a political party’s membership register submitted to INEC at least 21 days before a primary, congress or convention can participate in the exercise.
Section 77(6) requires political parties to use the membership register submitted to INEC for their primaries, congresses and conventions, while Section 77(7) provides that a party that fails to submit its register within the stipulated period cannot field a candidate in an election.
Section 84(2) provides that political parties shall nominate candidates for elective positions through direct primaries or consensus.
The Supreme Court held that the provisions were consistent with the Nigerian Constitution and consequently restored the judgment of the Federal High Court, which had earlier dismissed the legal challenge to the provisions.
The judgment overturned the Court of Appeal’s decision, which had declared the provisions unconstitutional.
INEC had appealed the Court of Appeal judgment to the Supreme Court, asking the Supreme Court to restore the disputed provisions.
The apex court subsequently allowed the appeal and reinstated the provisions of the Electoral Act.
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The commission’s receipt of the certified judgement on Tuesday is expected to enable it to formally study and determine its implications for the electoral process and political parties ahead of the 2027 general elections.
The Supreme Court’s judgment means political parties remain subject to statutory requirements governing their membership registers, including the requirement to submit the register to INEC and use the submitted register for primaries, congresses and conventions.
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