The Supreme Court on Thursday upheld the appeal filed by the Independent National Electoral Commission (INEC) against the Court of Appeal judgment that voided parts of the Electoral Act 2026 dealing with political party primaries and membership registers.
INEC had appealed against parts of the Court of Appeal judgment in a suit instituted by the Zenith Labour Party (ZLP) at the Federal High Court.
After hearing the appeal filed by INEC through its counsel, Dr Alex Izinyon, SAN, Justice Adamu Jauro entered judgment in favour of the electoral umpire and set aside the Court of Appeal judgment, which had favoured the Zenith Labour Party.
The apex court upheld the judgment of the trial court and awarded costs of N2 million against the respondent, ZLP.
The court held that Sections 77(5) and 84 of the Electoral Act are not in conflict with the 1999 Constitution.
In two other judgments, the court dismissed separate appeals filed by the Social Democratic Party (SDP) and the Youth Party (YP) against INEC.
In the SDP v. INEC appeal, the court heard the matter on its merit and accordingly dismissed it.
In the Youth Party’s appeal, the preliminary objection filed by INEC was upheld, and the appeal was struck out for being incompetent.
The court described the appeal as incompetent, having been filed one day out of time.
The Federal High Court, Abuja Division, presided over by Justice Mohammed Umar, had dismissed the ZLP’s action in a judgment delivered on May 5, 2026.
Dissatisfied, the ZLP appealed to the Abuja Division of the Court of Appeal in Appeal No. CA/ABJ/CV/750/2026.
The Court of Appeal, in its judgment delivered on July 16, 2026, allowed the appeal in part and voided provisions of the Electoral Act relating to party primaries and membership registers.
The appellate court’s decision prompted INEC to approach the Supreme Court, according to the commission’s brief of argument filed in the appeal.
The appeal, marked SC/CR/495/2026, arose from a suit filed by the Zenith Labour Party at the Federal High Court, Abuja, challenging provisions of the Electoral Act which the party contended were inconsistent with the 1999 Constitution.
A seven-man panel of the apex court, presided over by Justice Adamu Jauro, had last week reserved judgment after hearing arguments from the parties.
The original suit, marked FHC/ABJ/509/2026, was filed by the ZLP against the disputed provisions of the Electoral Act 2026.
The provisions at the centre of the dispute include Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act 2026.
Sections 77(5), 77(6) and 77(7) concern statutory requirements relating to political parties’ membership registers, while Section 84(2) prescribes direct primaries or consensus as methods for the nomination of candidates by political parties.
The ZLP had argued at the trial court that the provisions conflicted with the 1999 Constitution and amounted to unconstitutional interference in the internal affairs of political parties.
The party’s case is anchored, among other provisions, on Sections 221 and 222 of the Constitution, which provide the constitutional framework governing political parties.
After the Federal High Court dismissed the suit, the ZLP appealed, leading to the Court of Appeal’s July 16 judgment.
INEC, dissatisfied with that judgment, subsequently lodged the present appeal before the Supreme Court.