Supreme Court Reverses Judgment on ZLP, INEC Electoral Act Dispute

The Supreme Court on Wednesday reserved judgment in an appeal by the Independent National Electoral Commission (INEC) against a Court of Appeal judgment voiding provisions of the Electoral Act 2026 dealing with political party primaries and membership registers.

A seven-member panel of justices, presided over by Justice Adamu Jauro, reserved the judgment after hearing arguments from the parties.

The appeal arose from a suit filed by the Zenith Labour Party (ZLP) at the Federal High Court, Abuja, challenging provisions of the Electoral Act which the party contended were inconsistent with the 1999 Constitution.

INEC represented by Dr Alex Izinyon (SAN) was the appellant, while the ZLP, represented by Ikechukwu Anyalewechhi, was the respondent.

The Federal High Court, Abuja Division, presided over by Justice Mohammed Garba Umar had dismissed the party’s action in a judgment delivered on May 5, 2026.

Dissatisfied, the ZLP appealed to the Abuja Division of the Court of Appeal in Appeal No. CA/ABJ/CV/750/2026.

The Court of Appeal, in its judgment delivered on July 16, 2026, allowed the appeal in part and voided provisions of the Electoral Act relating to party primaries and membership registers.

The appellate court’s decision prompted INEC to approach the Supreme Court, according to the commission’s brief of argument filed in the appeal.

The provisions at the centre of the dispute are Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act 2026.

Others are Sections 77(5), 77(6) and 77(7) which concern the statutory requirements relating to political parties’ membership registers, while Section 84(2) prescribes direct primaries or consensus as methods for the nomination of candidates by political parties.

The ZLP had argued at the trial court that the provisions conflicted with the 1999 Constitution and amounted to unconstitutional interference in the internal affairs of political parties.

The party’s case is anchored, among others, on Sections 221 and 222 of the 1999 Constitution, which provide for the constitutional framework governing political parties.

After the Federal High Court dismissed the suit, the ZLP appealed, leading to the Court of Appeal’s July 16 judgment.

INEC, dissatisfied with that judgment, subsequently lodged the present appeal before the apex court.

The apex court is expected to determine whether the court of appeal was right to void the disputed provisions of the Electoral Act or whether the statutory requirements imposed on political parties should remain in force. (NAN)