The Court of Appeal sitting in Abuja has declared unconstitutional key provisions of the Electoral Act 2026 regulating political parties’ primary elections and membership registers, ruling that they infringe on the constitutional autonomy of political parties.
In a unanimous judgment delivered on Thursday, a three-member panel of the appellate court, led by Justice Balkisu Aliyu, nullified Sections 77(5), 77(6), 77(7), and 84(2) of the Electoral Act 2026 (as amended).
The court held that the provisions conflict with Sections 221 and 222 of the Constitution of the Federal Republic of Nigeria, which guarantee political parties the authority to manage their internal affairs, including determining their membership and selecting candidates for elective offices.
The judgment followed an appeal filed by the Zenith Party against the Independent National Electoral Commission (INEC) in suit No. CA/ABJ/CV/750/2026.
The party had challenged the May 5, 2026, decision of the Federal High Court, Abuja, where Justice Mohammed Umar dismissed its suit seeking to invalidate the contested provisions of the Electoral Act.
Arguing before the appellate court, the Zenith Party maintained that the law unlawfully encroached on the constitutional powers of political parties by dictating how they should conduct their primaries and manage their membership registers.
Before the judgment, Section 77(5) of the Electoral Act required that only members whose names appeared on a membership register submitted to INEC at least 21 days before party primaries, congresses, or conventions could participate in such exercises.
Section 77(6) prohibited political parties from using any membership register other than the one earlier submitted to INEC, while Section 77(7) barred any political party that failed to submit its register within the stipulated timeframe from fielding candidates for elections.
Similarly, Section 84(2) restricted political parties to selecting candidates either through direct primaries or by consensus.
Setting aside the earlier decision of the Federal High Court, the Court of Appeal ruled that the impugned provisions constitute an unconstitutional interference with the internal administration of political parties and are therefore null and void.
