The Supreme Court of Nigeria has restored four provisions of the Electoral Act 2022 that were earlier voided by the Court of Appeal. The provisions, which relate to political parties' membership registers and the nomination of candidates for elective positions, were challenged by the Zenith Labour Party (ZLP). A seven-member panel of the Supreme Court, in a unanimous decision, allowed an appeal filed by the Independent National Electoral Commission (INEC) against the Court of Appeal judgement.
The Court of Appeal had struck down the provisions, sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act, in a judgement delivered in July. The appellate court considered the provisions against Sections 221 and 222 of the Nigerian constitution, which recognise the role of political parties in sponsoring candidates for elections. The Court of Appeal held that the disputed provisions were inconsistent with the constitution. However, the Supreme Court disagreed with this decision.
The Supreme Court's lead judgement, delivered by Judge Adamu Jauro, held that the disputed provisions were not inconsistent with the Nigerian constitution. The court consequently reinstated the judgement of the Federal High Court in Abuja, which had earlier dismissed the ZLP's suit challenging the constitutionality of the provisions. The Federal High Court had dismissed the suit on 5 May.
The provisions in question deal with how political parties maintain their membership registers and nominate candidates for elections. Section 77(5) provides that only members whose names appear on a party's membership register submitted to INEC at least 21 days before a primary, congress or convention can vote at the exercise. Section 77(6) requires parties to use the membership register submitted to INEC for their primaries, congresses and conventions.
Section 77(7) provides that a party that fails to submit its register within the stipulated period cannot field a candidate for an election. Section 84(2) provides that political parties shall nominate candidates for elective positions through direct primaries or consensus. The ZLP had challenged these provisions, arguing that they interfered with the constitutional powers of political parties to manage their internal affairs.
The Supreme Court's decision means political parties will remain subject to the statutory requirements on membership registers, including the deadline for submitting the register to INEC and the requirement to use the submitted register for primaries, congresses and conventions. Consequently, a party that fails to comply with the requirement under Section 77(7) would also face the statutory consequence of being unable to field a candidate in an election.
The restored provisions will govern future elections and the party primaries, congresses and nomination processes that precede them. The Supreme Court also awarded N2 million costs against the ZLP, which was listed as a respondent in INEC's appeal. The decision was made after the political parties had already conducted their primaries for the 2027 general elections.
Key points
- The Supreme Court restored four provisions of the Electoral Act 2022 relating to political parties' membership registers and candidate nominations.
- The provisions were challenged by the Zenith Labour Party (ZLP) but were reinstated after the Supreme Court ruled that they were not inconsistent with the Nigerian constitution.
- The restored provisions will govern future elections and party primaries in Nigeria.
