Appeal Court Strikes Down Electoral Act Provisions

On Thursday, May 5, 2026, a three-member panel of the Appeal Court in Abuja, led by Justice Balkisu Aliyu, unanimously allowed an appeal by the Zenith Party, striking down specific provisions of the Electoral Act of 2026. The court declared sections 77(5), 77(6), 77(7), and 84(2) unconstitutional, stating that the National Assembly does not have the authority to impose restrictions on political parties, which are guaranteed by the constitution.

The court emphasized that political parties have the constitutional right to sponsor candidates and manage their internal affairs without undue legislative interference. It ruled that the provisions requiring party members to submit their names to the Independent National Electoral Commission (INEC) and prohibiting parties from using previous membership registers were invalid.

However, the court clarified that while these specific provisions were struck down, the requirement for parties to maintain membership registers available to INEC remains valid.