Supreme Court Reserves Judgment In INEC Appeal Over Electoral Act

Supreme Court Reserves Judgment in INEC Appeal Over Electoral Act

The Supreme Court has reserved judgment in an appeal filed by the Independent National Electoral Commission INEC challenging a Court of Appeal decision that voided provisions of the Electoral Act 2026 concerning political party primaries and membership registers. The case has significant implications for the legal framework governing political parties and their internal processes ahead of Nigeria’s 2027 general elections. The Court of Appeal had in July struck down Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act 2026. The appellate court held that the provisions were inconsistent with Sections 221 and 222 of the 1999 Constitution, which recognise political parties’ role in sponsoring candidates and managing their internal affairs. Among the disputed provisions were requirements concerning the submission of party membership registers to INEC and restrictions on the methods political parties could use to conduct primaries. Under the Electoral Act 2026, political parties are required to maintain digital membership registers and submit them to INEC before primaries, congresses or conventions. The Act provides that only members listed on the submitted register are eligible to participate in party primaries, while parties that fail to submit the register within the prescribed period could be barred from fielding candidates. The Court of Appeal, however, struck down specific provisions imposing those restrictions, prompting INEC to approach the Supreme Court. The Supreme Court’s decision will determine the status of the disputed provisions and provide further judicial guidance on the relationship between electoral regulation and the constitutional powers of political parties. The case comes as INEC continues preparations for the 2027 general elections, with several court rulings already affecting aspects of the commission’s electoral timetable and procedures.