In a significant ruling, Nigeria's Supreme Court has upheld the Independent National Electoral Commission's (INEC) guidelines and timetable for the 2027 general elections. The apex court held that the guidelines did not contravene the 1999 Constitution but rather aimed to strengthen the internal democracy of political parties. The court's decision was contained in a Certified True Copy (CTC) of its recent judgment in an appeal filed by INEC.
The Supreme Court's ruling centered on Sections 77(5)(6)(7) and 84(2) of the Electoral Act, which require political parties to submit a digital register of their members to INEC 21 days before party primaries. The sections stipulate that only members whose names are in the register can vote and be voted for in party primaries. A political party that fails to submit the register within the stipulated time will not be eligible to field a candidate for that election.
The Court of Appeal had previously set aside a Federal High Court judgment that dismissed a suit brought by the Zenith Labour Party (ZLP), arguing that INEC's guidelines were unconstitutional. However, the Supreme Court disagreed with the lower court and set aside the judgment nullifying the affected sections of the electoral laws. A five-member panel of the apex court, led by Justice Emmanuel Agim, delivered the judgment.
According to the Supreme Court, Section 77(5-7) of the Electoral Act does not disqualify individual candidates from contesting general elections but only excludes parties from fielding candidates whose names are not in the register submitted to INEC 21 days before party primaries. The court noted that the statutory consequence in subsection 7 is directed at a political party's eligibility to field candidates, not an express personal disqualification of every individual.
The Supreme Court's decision has significant implications for Nigeria's electoral process, as it seeks to ensure the transparency and credibility of party primaries. By upholding INEC's guidelines, the court has reinforced the importance of internal democracy within political parties. The ruling also underscores the need for political parties to maintain accurate and up-to-date registers of their members.
The case was initially brought by the Zenith Labour Party (ZLP) against INEC's guidelines for the 2027 general elections. The ZLP had argued that the guidelines were unconstitutional, but the Supreme Court's ruling has now provided clarity on the matter. The court's decision is expected to have a positive impact on Nigeria's electoral process, promoting transparency and accountability.
The Supreme Court's judgment has set a precedent for future electoral disputes in Nigeria. By affirming the constitutionality of INEC's guidelines, the court has demonstrated its commitment to upholding the rule of law and ensuring the integrity of the electoral process. The ruling is a significant step towards promoting democratic governance and strengthening Nigeria's institutions.
Key points
- The Supreme Court has upheld INEC's guidelines for party primaries, affirming their constitutionality.
- The guidelines require political parties to submit a digital register of their members to INEC 21 days before party primaries.
- The ruling aims to promote transparency and credibility in Nigeria's electoral process.
