Supreme Court Upholds 2026 Electoral Act Provisions

The Supreme Court upheld the validity of key provisions of the 2026 Electoral Act concerning political party membership registers and candidate nominations through primaries, setting aside an earlier Court of Appeal judgment that had voided parts of the law. A seven-member panel led by Justice Adamu Jauro delivered the judgment on an appeal filed by the Independent National Electoral Commission (INEC) against the Court of Appeal's decision.

The Supreme Court affirmed that Sections 77(5) and 84 of the Electoral Act 2026 are consistent with the 1999 Constitution, restoring the Federal High Court's judgment. The court awarded N2 million in costs against the Zenith Labour Party (ZLP), which had initiated the legal challenge.

The ZLP contested Sections 77(5), 77(6), 77(7), and 84(2) of the Act, arguing they interfered with political parties' internal affairs. The Federal High Court dismissed the suit on May 5, 2026, leading to an appeal that was partially allowed by the Court of Appeal on July 16, 2026.

INEC's subsequent appeal to the Supreme Court was filed as SC/CR/495/2026.