Supreme Court don reserve judgment for appeal wey Independent National Electoral Commission file to challenge Court of Appeal decision wey void some parts of Electoral Act 2026. The parts concern political party primaries and membership registers.
A seven-man panel of the apex court, wey Justice Adamu Jauro lead, hear arguments from parties on Wednesday. After hearing, panel talk say judgment date go dey communicated to the parties when e ready.
The appeal na SC/CV/495/2026. E challenge Court of Appeal judgment wey dem deliver on July 16 for Abuja. That judgment void some provisions of Electoral Act wey relate to party primaries and membership registers.
Court of Appeal judgment come from appeal marked CA/ABJ/CV/750/2026. Zenith Labour Party (ZLP) file that appeal against May 5 judgment of Justice Mohammed Umar of Federal High Court for Abuja. Federal High Court dismiss ZLP suit marked FHC/ABJ/509/2026.
Provisions wey dey centre of dispute na Sections 77(5), 77(6), 77(7) and 84(2) of Electoral Act 2026. Sections 77(5), 77(6) and 77(7) set statutory requirements for political parties membership registers. Section 84(2) prescribe direct primaries or consensus as methods for political parties to nominate candidates.
ZLP argue for trial court say the provisions conflict with 1999 Constitution and amount to unconstitutional interference inside internal affairs of political parties. The party case anchor on Sections 221 and 222 of Constitution, wey provide constitutional framework wey govern political parties.
Court of Appeal, for unanimous decision by three-member panel, hold say the sections inconsistent with Sections 221 and 222 of 1999 Constitution as amended. The court talk say those sections give political parties right to decide whom to sponsor for election. Justice Eberechi Nyesom-Wike deliver lead judgment. Panel find merit inside ZLP case.
INEC no happy with the invalidation of the sections, so e carry matter go Supreme Court. For resumed proceedings on Wednesday, all parties adopt their final briefs of argument. INEC urge apex court to uphold appeal and upturn Court of Appeal decision. ZLP ask make court dismiss appeal for want of merit.
Seven-man panel of Supreme Court, led by Justice Adamu Jauro, listen to parties, then reserve matter for judgment. Panel talk say judgment date go dey communicated to parties.
Make we recall say Justice Mohammed Umar of Federal High Court for Abuja, on May 5, dismiss ZLP case as e no get merit. ZLP no happy with verdict, so e approach Court of Appeal and ask am to determine, among others, whether the stated provisions of Electoral Act superior to powers wey 1999 Constitution as amended donate to political parties. Party urge appellate court to determine if electoral law no be attempt to usurp right of political parties to decide how to conduct internal affairs.
For judgment, Court of Appeal note say Sections 177 and 182 of 1999 Constitution as amended already list qualifying and disqualifying factors for political parties and candidates for election. Court hold say no other condition inside subsidiary law fit disqualify person wey Constitution already qualify.
Section 77(5) of Electoral Act talk say only persons whose names dey inside register wey dem submit to INEC not later than 21 days before date fixed for primaries, congresses or conventions go eligible to vote. Sub-section (6) talk say political party no go use any other register for party primaries, congresses and conventions except register wey dem submit to Commission. Sub-section (7) talk say political party wey fail to submit membership register within stipulated time no go eligible to field candidate for election.
Section 84(2) of Electoral Act 2026 talk say procedure for nomination of candidates by political parties for various elective positions go be by direct primaries or consensus.
