The Supreme Court has restored key provisions of the Electoral Act 2026 earlier nullified by the Court of Appeal, clearing the way for their implementation ahead of the 2027 general elections.

A seven-member panel of the apex court, in a unanimous judgment delivered on Thursday, allowed an appeal filed by the Independent National Electoral Commission challenging the appellate court’s decision.

In the lead judgment delivered by Justice Adamu Jauro, the Supreme Court upheld Sections 77(5), (6) and (7), as well as Section 84(2) of the Electoral Act 2026.

The provisions regulate political party membership registers and the procedures for nominating candidates for elective positions.

The court held that the contested provisions were not inconsistent with the 1999 Constitution, as amended, and faulted the Court of Appeal for upholding an appeal filed by the Zenith Labour Party.

The apex court consequently dismissed the ZLP’s case and reinstated the judgment of the Federal High Court, which had earlier dismissed the suit. It also awarded N2 million in costs against the party.

The Court of Appeal had, on July 16, nullified the affected provisions after ruling that they conflicted with Sections 221 and 222 of the Constitution, which recognise the rights of political parties to determine their candidates and internal affairs.

Section 77(5) of the Electoral Act requires political parties to submit their membership registers to INEC not later than 21 days before their primaries, congresses or conventions, with only registered members eligible to participate.

Subsection 77(6) prohibits parties from using a register other than the one submitted to INEC, while subsection 77(7) provides that a party that fails to submit its membership register within the stipulated period shall not be eligible to field a candidate.

Section 84(2), meanwhile, provides that political parties shall nominate candidates for elective positions through direct primaries or consensus.

The legal dispute originated from a suit filed by the Zenith Labour Party challenging the constitutionality of the provisions.

The Federal High Court in Abuja had dismissed the party’s case on May 5, prompting the ZLP to approach the Court of Appeal, which subsequently ruled in its favour.

Dissatisfied with the appellate court’s decision, INEC appealed to the Supreme Court, urging the apex court to reverse the judgment and uphold the disputed provisions of the Electoral Act.

The latest judgment restores the provisions as part of the legal framework governing political party membership registers and candidate nomination ahead of the 2027 general elections.