Appeal Court Rules INEC Can't Control Party Primaries

The Appeal Court in Abuja delivered a unanimous decision on Thursday, ruling that the Independent National Electoral Commission (INEC) cannot dictate to political parties how to conduct their primaries. The court struck down sections 77(5), 77(6), 77(7), and 84(2) of the Electoral Act 2026, finding them inconsistent with provisions in sections 221 and 222 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).

This judgment followed an appeal by the Zenith Party (ZP) against a previous ruling by Justice Moham Umar of the Federal High Court in Abuja on May 5, which dismissed ZP's suit for lack of merit. The court noted that the 1999 Constitution already outlines qualifications and disqualifications for political party candidates, and that the Electoral Act should not usurp the rights of political parties to determine their internal affairs.