The Supreme Court of Nigeria on Thursday upheld an appeal filed by the Independent National Electoral Commission (INEC) against a Court of Appeal judgment that voided parts of the Electoral Act 2026. The Court of Appeal had ruled in favor of the Zenith Labour Party (ZLP), which had challenged certain provisions of the Electoral Act. INEC's appeal was filed against the Court of Appeal's judgment, which had set aside some provisions of the Electoral Act dealing with political party primaries and membership registers.
The Supreme Court, in a judgment delivered by Justice Adamu Jauro, set aside the Court of Appeal's judgment and awarded N2 million in costs against ZLP. The court held that sections 77(5) and 84 of the Electoral Act do not conflict with the 1999 Constitution. This ruling is a significant development in the ongoing debate over the Electoral Act and its implications for Nigeria's electoral process. The Supreme Court's decision was based on an appeal filed by INEC, through its counsel, Dr. Alex Izinyon, SAN.
In a separate judgment, the Supreme Court dismissed two appeals filed by the Social Democratic Party (SDP) and the Youth Party (YP) against INEC. The SDP's appeal was heard on its merit and was dismissed by the court, while the YP's appeal was struck out for being incompetent. The court described the YP's appeal as invalid, having been filed out of time by one day. These dismissals mark a significant setback for the two parties, which had sought to challenge INEC's decisions.
The original suit that led to the Supreme Court's judgment was filed by ZLP against the disputed provisions of the Electoral Act 2026. The provisions at the center of the dispute include sections 77(5), 77(6), 77(7), and 84(2) of the Electoral Act. These sections concern the statutory requirements relating to political parties' membership registers and the nomination of candidates by political parties. ZLP had argued that these provisions conflicted with the 1999 Constitution.
The Federal High Court, Abuja Division, had earlier dismissed ZLP's suit, leading to an appeal to the Court of Appeal. The Court of Appeal's judgment on July 16, 2026, allowed ZLP's appeal in part and voided some provisions of the Electoral Act. INEC then approached the Supreme Court, which has now upheld INEC's appeal. The Supreme Court's judgment was delivered by a seven-man panel, presided over by Justice Adamu Jauro.
The Supreme Court's judgment has significant implications for Nigeria's electoral process. The court's ruling that sections 77(5) and 84 of the Electoral Act do not conflict with the 1999 Constitution provides clarity on the provisions of the Electoral Act. This judgment is expected to guide INEC and political parties in the lead-up to future elections. The court's decision also underscores the importance of the Electoral Act in regulating Nigeria's electoral process.
The judgment has been welcomed by INEC, which had filed the appeal to clarify the provisions of the Electoral Act. The court's decision provides a clear direction for INEC and political parties, ensuring that the electoral process is conducted in accordance with the law. The judgment also highlights the critical role of the Supreme Court in interpreting the Constitution and the Electoral Act.
Key points
- The Supreme Court upholds INEC's appeal on Electoral Act provisions.
- The court dismisses SDP and YP's suits against INEC.
- The judgment provides clarity on the provisions of the Electoral Act and its implications for Nigeria's electoral process.
