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Supreme Court Reserves Judgment on Electoral Act Appeal

The Supreme Court has reserved judgment in an appeal by the Independent National Electoral Commission (INEC) challenging a Court of Appeal decision that nullified certain provisions of the Electoral Act 2026 on political party membership registers and candidate nomination.

A seven-member panel of the apex court, led by Justice Adamu Jauro, heard arguments from the parties on Wednesday before reserving judgment.

The court said the parties would be notified when the judgment is ready.

The appeal, marked SC/CV/495/2026, is challenging the July 16, 2026 judgment of the Court of Appeal in Abuja, which voided Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act 2026.

The appellate court had delivered its judgment in an appeal filed by the Zenith Labour Party (ZLP), marked CA/ABJ/CV/750/2026, against a May 5 judgment of the Federal High Court in Abuja.

The Federal High Court, presided over by Justice Mohammed Umar, had dismissed the ZLP’s suit, marked FHC/ABJ/509/2026.

The disputed provisions include Sections 77(5), 77(6) and 77(7), which prescribe requirements relating to political parties’ membership registers.

Section 84(2), meanwhile, provides for direct primaries or consensus as methods for political parties to nominate candidates for elections.

ZLP had argued that the provisions were inconsistent with the 1999 Constitution and amounted to unconstitutional interference in the internal affairs of political parties.

The party relied, among other constitutional provisions, on Sections 221 and 222 of the 1999 Constitution, which establish the constitutional framework for the formation and operation of political parties.

The Supreme Court’s eventual decision will determine the status of the disputed provisions and their implications for political party membership registers and the nomination of candidates under the 2026 Electoral Act.

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