The Supreme Court of Nigeria has upheld the appeal by the Independent National Electoral Commission (INEC) against a Court of Appeal judgment that voided parts of the Electoral Act 2022. The Court of Appeal's decision had favored the Zenith Labour Party (ZLP). A seven-member panel led by Justice Adamu Jauro set aside the Court of Appeal's decision and upheld the judgment of the trial court. This decision has significant implications for Nigeria's electoral process.
The Supreme Court held that Sections 77(5) and 84 of the Electoral Act do not conflict with the 1999 Constitution. The court also awarded N2 million in costs against the ZLP. The court's decision was based on the provisions of the Electoral Act, which include Sections 77(5), 77(6), 77(7), and 84(2). These sections concern the statutory requirements relating to political parties' membership registers and the nomination of candidates by political parties.
The ZLP had argued at the trial court that the provisions of the Electoral Act conflicted with the 1999 Constitution and amounted to unconstitutional interference in the internal affairs of political parties. The party's case was anchored on Sections 221 and 222 of the Constitution, which provide for the constitutional framework governing political parties. However, the Supreme Court's decision has upheld the provisions of the Electoral Act.
In addition to upholding INEC's appeal against the ZLP, the Supreme Court also dismissed two separate appeals filed by the Social Democratic Party (SDP) and the Youth Party. The SDP's appeal was heard on its merit and was dismissed by the court. The Youth Party's appeal was struck out for being incompetent, having been filed out of time by one day.
The Federal High Court, Abuja Division, presided over by Justice Mohammed Umar, had dismissed the Youth Party's action in a judgment delivered on May 5, 2022. The Court of Appeal had allowed the ZLP's appeal in part and voided provisions of the Electoral Act relating to party primaries and membership register in its judgment delivered on July 16, 2022.
The Supreme Court's decision has significant implications for Nigeria's electoral process. The court's decision has upheld the provisions of the Electoral Act, which are aimed at ensuring the transparency and credibility of the electoral process. The decision has also sent a signal that the court will not tolerate attempts to undermine the electoral process.
The Supreme Court's decision has been welcomed by INEC, which had approached the apex court to challenge the Court of Appeal's decision. The court's decision has also been seen as a victory for the Federal Government, which had supported INEC's position. The decision is expected to have a significant impact on the conduct of future elections in Nigeria.
Key points
- The Supreme Court upheld INEC's appeal against a Court of Appeal judgment that voided parts of the Electoral Act 2022.
- The court held that Sections 77(5) and 84 of the Electoral Act do not conflict with the 1999 Constitution.
- The court's decision has significant implications for Nigeria's electoral process, upholding the provisions of the Electoral Act aimed at ensuring transparency and credibility.
