Supreme Court Reserves Judgment in INEC, Zenith Labour Party Electoral Act Dispute.
The Supreme Court has reserved judgment in an appeal filed by the Independent National Electoral Commission (INEC) challenging a Court of Appeal ruling that nullified certain provisions of the Electoral Act 2026 concerning political party primaries and membership registers.
The case, marked SC/CR/495/2026, followed a legal challenge by the Zenith Labour Party (ZLP) at the Federal High Court in Abuja. The party argued that the disputed provisions of the Electoral Act were inconsistent with the 1999 Constitution.
A seven-member panel of the Supreme Court, led by Justice Adamu Jauro, reserved judgment on Wednesday after hearing arguments from the parties. The court said the date for delivering its judgment would be communicated to the parties.
Background to the Electoral Act 2026 Dispute
The original suit, marked FHC/ABJ/509/2026, was filed by the Zenith Labour Party against provisions of the Electoral Act 2026. Justice Mohammed Umar of the Federal High Court, Abuja Division, dismissed the suit in a judgment delivered on May 5, 2026.
Dissatisfied with the decision, the ZLP appealed to the Abuja Division of the Court of Appeal in Appeal No. CA/ABJ/CV/750/2026.
In its judgment delivered on July 16, 2026, the Court of Appeal allowed the appeal in part and voided provisions of the Electoral Act relating to political party primaries and membership registers.
The ruling prompted INEC to approach the Supreme Court, seeking to challenge the decision. The electoral commission’s appeal focuses on the interpretation and validity of the disputed provisions under the Electoral Act 2026.
Sections 77 and 84 at the Centre of the Case
The provisions under dispute include Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act 2026.
Sections 77(5), 77(6) and 77(7) address statutory requirements concerning political parties’ membership registers, while Section 84(2) prescribes direct primaries or consensus as methods for nominating political party candidates.
The Zenith Labour Party argued that the provisions amounted to unconstitutional interference in the internal affairs of political parties and conflicted with Sections 221 and 222 of the 1999 Constitution.
The party’s constitutional challenge formed the basis of the legal proceedings that moved from the Federal High Court to the Court of Appeal and subsequently to the Supreme Court.
Supreme Court Judgment May Affect 2027 Party Primaries
The Supreme Court’s forthcoming judgment is expected to determine whether the Court of Appeal was right to void the disputed provisions of the Electoral Act 2026 or whether the statutory requirements imposed on political parties should remain in force.
The outcome could affect the regulation of political parties, the maintenance and submission of membership registers, and the conduct of party primaries ahead of the 2027 general elections.
The Supreme Court has not announced a date for delivering its judgment.
