Party Registers, Primaries and the Electoral Act 2026

On 24 September 2026, a seven-member panel of the Supreme Court of Nigeria, led by Justice Adamu Jauro, unanimously allowed an appeal by the Independent National Electoral Commission (INEC) and restored four provisions of the Electoral Act 2026 that the Court of Appeal had voided in July. The provisions deal with how political parties keep and submit membership registers and how they nominate candidates. With the 2027 general elections approaching, the decision matters well beyond the parties to the suit.

What happened?

The Supreme Court set aside the Court of Appeal's judgment of 16 July 2026 and restored the earlier judgment of the Federal High Court, Abuja, which had dismissed the Zenith Labour Party's (ZLP) challenge on 5 May 2026. The Court held that Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act 2026 are not inconsistent with the 1999 Constitution. It awarded costs of N2 million against the ZLP.

On the same day, the Court reportedly dismissed separate appeals filed against INEC by the Social Democratic Party (SDP) and the Youth Party (YP), and affirmed INEC's authority to issue electoral guidelines.

Background

The ZLP sued at the Federal High Court, Abuja, arguing that the disputed provisions interfered with the internal affairs of political parties and conflicted with the constitutional framework for parties in Sections 221 and 222 of the Constitution. The trial court dismissed the suit. On appeal, the Court of Appeal allowed the appeal in part. According to one report, it accepted that the requirement to keep and submit digital membership registers (Sections 77(1) to (4)) could stand, but held that the provisions attaching disqualifying consequences for non-compliance went beyond INEC's constitutional monitoring powers. INEC then appealed to the Supreme Court, which heard arguments on 16 September 2026 and reserved judgment.

The provisions in issue

Section 77(5): as reported, only persons whose names are on the register submitted to INEC not later than 21 days before the date fixed for a primary, congress or convention may vote in it.

Section 77(6): a party may not use any register other than the one submitted to INEC for its primaries, congresses and conventions.

Section 77(7): as reported, a party that fails to submit its register within the stipulated period cannot field a candidate.

Section 84(2): prescribes direct primaries or consensus as the methods by which parties nominate candidates.

Note: these descriptions are drawn from press reports of the provisions. The exact statutory text should be checked against the Act itself before being cited.

The key issue

The central question was one of balance. The Constitution protects the freedom of political parties to organise, but it also empowers INEC to monitor party affairs. The ZLP said the challenged sections crossed the line into control of internal party affairs. INEC said they were valid regulation. The Supreme Court sided with INEC on the constitutional question.

The Court's decision

The Court unanimously allowed INEC's appeal, held the four provisions consistent with the Constitution, restored the trial court's judgment and awarded N2 million costs against the ZLP. One caution on reporting: while most outlets list all four sections as restored, some reports of the holding mention only Sections 77(5) and 84. The full reasoning of the Court, and the precise scope of the holding, will only be clear from the certified true copy of the judgment, which was not available at the time of writing.

Why it matters

For parties and aspirants, the practical message is that register compliance is not a formality: a party's primaries, congresses and conventions are tied to the register filed with INEC. For lawyers, the decision is a reference point on how far statutory regulation of party processes can go before it offends the constitutional autonomy of parties. For students, it is a useful illustration of a hierarchy at work: a trial court upholds a statute, an appellate court voids parts of it, and the apex court has the final word.

What remains unsettled

Reactions from senior lawyers show that questions remain about the judgment's effect on steps already taken under the disputed provisions. One Senior Advocate was reported as saying the judgment does not affect nominations already concluded, while another said it created no fresh basis for disqualifying candidates. A third was reported as saying the question of retrospective effect should be approached differently from the ordinary rule on retrospective legislation. These are opinions, not holdings. Reports also indicate that two major parties had declined to state a position until they saw the certified judgment, and that the Court did not specifically disqualify any candidate.

Key takeaway

The Supreme Court has confirmed that the register-and-nomination provisions of the Electoral Act 2026 stand as valid law. How they will apply to specific candidates and nominations already made is a separate question that will be decided, if disputed, by the courts on the facts of each case.

Sources

UA.News, summarising Premium Times Nigeria, "Nigeria Supreme Court restores Electoral Act provisions", 25 Sept 2026. https://ua.news/en/world/verkhovnii-sud-nigeriyi-vidnoviv-normi-viborchogo-zakonu-premium-times-nigeria

The Guardian Nigeria, "Election guidelines: S'Court upholds INEC appeal, dismisses SDP, Youth Parties' suit", 24 Sept 2026. https://guardian.ng/politics/election-guidelines-scourt-upholds-inec-appeal-dismisses-sdp-youth-parties-suit/

P.M. News, "INEC wins 2026 Electoral Act battle at Supreme Court", 24 Sept 2026. https://pmnewsnigeria.com/2026/09/24/inec-wins-2026-electoral-act-battle-at-supreme-court/

Lawyard, "Supreme Court Upholds Key Provisions of Electoral Act 2026 in INEC Appeal", Sept 2026. https://www.lawyard.org/news/2027-election-supreme-court-restores-key-provisions-of-electoral-act-2026/

The Journal Nigeria, "Supreme Court Backs INEC On Electoral Act; 2027 Elections: Supreme Court Ruling Splits Lawyers Over Candidates", Sept 2026. https://thejournalnigeria.com/supreme-court-backs-inec-on-electoral-act/

Freedom Online, "Supreme Court upholds INEC's appeal on Electoral Act", Sept 2026. https://freedomonline.com.ng/supreme-court-upholds-inecs-appeal-on-electoral-act/

The Whistler, "Supreme Court Upholds INEC's Electoral Act Appeal", Sept 2026. https://thewhistler.ng/supreme-court-upholds-inecs-electoral-act-appeal/

Tribune Online, "Supreme Court ruling: SANs explain implications for parties, candidates", 27 Sept 2026. https://tribuneonlineng.com/supreme-court-ruling-sans-explain-implications-for-parties-candidates/

allAfrica, "Nigeria: Supreme Court Reserves Judgment in INEC Appeal Over ZLP Challenge to Electoral Act", 17 Sept 2026. https://allafrica.com/stories/202609170231.html

Verification note: this piece is based on press reports. The certified true copy of the Supreme Court judgment and the text of the Electoral Act 2026 were not reviewed. Reported appeal numbers (SC/CR/495/2026; FHC/ABJ/509/2026; CA/ABJ/CV/750/2026) are not independently verified.