In a significant ruling, Nigeria's Supreme Court has upheld the authority of the Independent National Electoral Commission (INEC) to enforce key provisions of the Electoral Act 2022. The court affirmed that Sections 77(5) and 84 of the Electoral Act do not conflict with the 1999 Constitution. This decision was made by a seven-member panel led by Justice Adamu Jauro. The ruling centered on a dispute over the regulation of political party membership registers and the conduct of party primaries.
The Supreme Court's decision overturned a Court of Appeal judgment that had voided parts of the Electoral Act. The Court of Appeal's judgment, delivered on July 16, 2022, had partly upheld a challenge by the Zenith Labour Party (ZLP). The ZLP had argued that the provisions amounted to interference in the internal affairs of political parties and were inconsistent with the Constitution. However, the Federal High Court, Abuja, had dismissed the ZLP's case in a judgment delivered on May 5, 2022.
The disputed provisions, Sections 77(5) to 77(7) and 84(2) of the Electoral Act 2022, require political parties to maintain and submit membership registers. Section 84(2) provides for direct primaries or consensus as methods for nominating candidates. The Supreme Court's ruling upholds INEC's role in enforcing these statutory requirements. The court also awarded N2 million in costs against the Zenith Labour Party (ZLP), which had challenged these provisions.
In addition to the ZLP case, the Supreme Court considered separate appeals filed by the Social Democratic Party (SDP) and the Youth Party. The SDP's appeal was considered on its merits and dismissed. The Youth Party's appeal was struck out for being incompetent, as it was filed one day outside the prescribed period. INEC had asked the Supreme Court to dismiss the appeals filed by these two political parties.
The Supreme Court's decisions have significant implications for the regulation of political parties in Nigeria. The rulings uphold INEC's authority to enforce statutory requirements governing political parties, including rules on membership registers and candidate nomination. This development is expected to impact the internal processes of political parties, particularly in relation to primaries and membership registration.
The Zenith Labour Party (ZLP) had initially challenged the provisions of the Electoral Act, arguing that they interfered with the internal affairs of political parties. However, the Supreme Court's ruling has affirmed INEC's role in regulating these aspects. The court's decision was based on a thorough examination of the Electoral Act and the 1999 Constitution, ensuring that the provisions do not conflict with the Constitution.
The Supreme Court's affirmation of INEC's authority is a crucial development in Nigeria's electoral landscape. The ruling provides clarity on the regulation of political parties and ensures that INEC can effectively enforce statutory requirements. This decision is expected to enhance the transparency and accountability of political parties, particularly in relation to membership registration and candidate nomination processes.
Key points
- The Supreme Court upholds INEC's authority to enforce Electoral Act provisions on party membership registers and primaries.
