Supreme Court Validates Electoral Act Provisions in 2026

On September 24, 2026, the Supreme Court of Nigeria upheld an appeal by the Independent National Electoral Commission (INEC), restoring Sections 77(5), 77(6), 77(7), and 84(2) of the Electoral Act 2026. This ruling validated provisions related to political party membership registers and candidate nomination procedures, setting aside a July 16, 2026, judgment by the Court of Appeal that had voided these provisions following a challenge by the Zenith Labour Party (ZLP).

The Abuja Division of the Federal High Court had previously dismissed ZLP's constitutional challenge on May 5, 2026. Senior Advocate of Nigeria, Dr Abiodun Layonu, commented on the ruling, stating that the Supreme Court's decision affirmed the legal validity of the provisions from the time of the legislation's enactment.

He clarified that the judgment should not be seen as giving retrospective effect to the Electoral Act but rather as a determination of the legal status of the provisions.