The Supreme Court of Nigeria has upheld the validity of sections 77 and 84 of the Electoral Act, 2026, as amended, which has introduced uncertainty into the country's political landscape ahead of the 2027 general elections. The court's decision was made in a case brought by the Zenith Labour Party, which challenged the provisions of the electoral act. The apex court ruled in favor of the Independent National Electoral Commission, affirming the provisions that relate to party membership registers and the nomination of candidates.
The disputed provisions include sections 77(5), 77(6), 77(7), and 84(2) of the Electoral Act, 2026. Section 84(2) prescribes direct primaries or consensus as methods for the nomination of candidates by political parties. The Zenith Labour Party had argued that these provisions conflicted with the 1999 Constitution and amounted to unconstitutional interference in the internal affairs of political parties. However, the Supreme Court dismissed the party's appeal, upholding the judgement of the trial court and awarding N2 million against the respondent.
The court's decision has sparked mixed reactions from politicians and analysts, with some interpreting it as a game-changer for the 2027 elections. The judgement is seen as affecting politicians who defected to other parties after contesting previously on other platforms. Among those speculated to be impacted are ex-IGP Mohammed Adamu, Sheik Isa Pantami, and Kingsley Chinda, who all defected to other parties and secured tickets. The Supreme Court's decision has also been seen as having implications for other politicians, including Senator Saliu Mustapha and Mohammed Nami.
Senator Shehu Buba Umar, the Peoples Redemption Party governorship candidate for Bauchi State, has reacted to the judgement, dismissing reports suggesting that it could affect his eligibility to contest the 2027 election. Buba explained that he had complied fully with all applicable provisions of the electoral law and remained steadfast in his ambition to run in the Bauchi State governorship election. He emphasized that the judgement must not be applied retroactively to invalidate electoral processes and actions that were lawfully concluded.
Buba's position was based on the fact that the legal position established by the judgement and INEC's authority to issue guidelines for the 2027 electoral process took effect on September 24, 2026. He noted that all key electoral activities completed prior to the ruling, including the submission of party membership registers, the conduct of primaries, and the nomination of candidates, were carried out under the legal and regulatory framework in effect at that time.
The Supreme Court's decision has also been seen as having implications for other political parties and candidates. The court dismissed two separate appeals filed by the Social Democratic Party and the Youth Party against INEC. The two political parties had filed appeals to challenge the decisions of the Court of Appeal in their case. The apex court described the Youth Party's appeal as invalid and incompetent, having been filed out of time by one day.
The judgement has created uncertainty and speculation among politicians and analysts, with some wondering who will be affected by the new provisions. While some politicians have expressed confidence that the judgement will not affect their eligibility, others are cautious, noting that the implications of the judgement are still unclear. INEC has not issued a formal statement on the judgement, but analysts expect the commission to provide clear guidelines regarding the 2027 electoral process.
Key points
- The Supreme Court's decision upholds the validity of sections 77 and 84 of the Electoral Act, 2026.
- The judgement has sparked uncertainty and speculation among politicians and analysts ahead of the 2027 general elections.
- Some politicians, including ex-IGP Mohammed Adamu and Sheik Isa Pantami, are speculated to be impacted by the judgement due to their recent defections to other parties.
