Appeal Court nullifies sections of Electoral Act on party membership, primaries
The Court of Appeal in Abuja has invalidated key provisions of the Electoral Act 2026 governing political party membership registers and candidate nomination processes, ruling that they are inconsistent with the 1999 Constitution.
A three-member panel led by Justice Balkisu Aliyu unanimously allowed an appeal filed by the Zenith Party and overturned an earlier judgment of the Federal High Court, which had dismissed the suit.
Delivering the lead judgment on Thursday, Justice Eberechi Nyesom-Wike declared Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act unconstitutional, holding that the National Assembly cannot enact laws that limit powers already guaranteed to political parties under the Constitution.
The appellate court held that Sections 221 and 222 of the Constitution empower political parties to sponsor candidates and manage their internal affairs, adding that the Electoral Act cannot impose additional conditions that restrict otherwise qualified persons from participating in party primaries.
The case stemmed from a suit filed by the Zenith Party, which challenged the constitutionality of the disputed provisions after the Federal High Court dismissed its claims on May 5, 2026. The party argued that the provisions unlawfully interfered with its internal administration and constitutional powers.
Among the provisions struck down was Section 77(5), which required only party members whose names appeared in the membership register submitted to the Independent National Electoral Commission (INEC) to vote or be voted for at party primaries, congresses and conventions. The court ruled that the requirement unlawfully restricted the constitutional powers of political parties.
The court also nullified Section 77(6), which barred political parties from using any membership register other than the one previously submitted to INEC, and Section 77(7), which prevented parties that failed to submit their membership registers within the stipulated period from fielding candidates in elections. It held that both provisions amounted to undue interference in the affairs of political parties and infringed on their constitutional right to sponsor candidates.
Justice Nyesom-Wike further declared Section 84(2) unconstitutional, ruling that restricting political parties to direct primaries or consensus for candidate selection amounted to legislative interference in their internal affairs. However, the court clarified that it did not invalidate the entirety of Sections 77 and 84 of the Electoral Act, noting that provisions requiring parties to maintain membership registers and make them available to INEC remain valid.
