Appeal Court Voids Parts of Electoral Act on Primaries, Membership Register

The court of appeal in Abuja has struck down sections 77(5), 77(6), 77(7), and 84(2) of the Electoral Act 2026, ruling that they conflict with provisions of the 1999 Constitution.

In a unanimous judgment delivered on Thursday, the appellate court held that a law made by the national assembly cannot invalidate a person whom the constitution already recognises as qualified.

The three-member panel was headed by Justice Balkisu Bello Aliyu, while Justice Eberechi Nyesom-Wike delivered the lead judgment.

According to the court, sections 177 and 182 of the 1999 Constitution already provide the conditions that determine who is qualified or disqualified to contest elections.

The court further ruled that the national assembly has no authority to place limits on powers that the constitution already grants to political parties.

It also declared section 84(2) of the Electoral Act 2026 unconstitutional, saying the provision improperly restricts political parties to either direct primaries or consensus as the only methods for selecting candidates.

The appellate court said such a provision amounts to unnecessary interference in how political parties manage their internal processes.

However, the court clarified that it did not invalidate the entire sections 77 and 84 of the Electoral Act, noting that the requirement for political parties to keep membership registers remains valid.

THE AFFECTED SECTIONS

The provisions affected by the judgment relate to the maintenance of political party membership registers and the procedures for nominating candidates.

Section 77(5) states that: “Only members whose names are contained in the register shall be eligible to vote and be voted for in party primaries, congresses and conventions

“(6) A political party shall not use any other register for party primaries, congresses and conventions except the register submitted to the Commission.

“(7) A party that fails to submit the membership register within the stipulated time shall not be eligible to field a candidate for that election.”

Section 84 (2) states that: “The procedure for the nomination of candidates by political parties for the various elective positions shall be by direct primaries or consensus.”

THE CASE

The ZP filed the appeal after a federal high court dismissed its suit challenging parts of the Electoral Act 2026.

In May, Mohammed Umar, judge of the federal high court in Abuja, ruled that the party’s case lacked merit.

Before the appeal court, the party argued that the disputed provisions of the Electoral Act should not override the constitutional powers granted to political parties.

It also asked the court to determine whether the law unlawfully takes away the right of political parties to decide how to conduct their internal affairs.

ANOTHER COURT OF APPEAL JUDGEMENT

In a separate decision delivered on Thursday, another panel of the court of appeal ruled on a case relating to preparations for the 2027 general election.

The appellate court overturned the earlier judgment that had set aside the timetable issued by the Independent National Electoral Commission (INEC) for party primaries and candidate nominations.

In its unanimous decision, the court upheld INEC’s timetable for the 2027 elections.

The lead judgment, written by Justice Adebukola Banjoko and read by Justice Okon Abang, held that the Youth Party (YP), which brought the case against INEC, lacked the legal standing to challenge the commission.

In May, a federal high court in Abuja had nullified the timetable released by INEC for party primaries and the nomination of candidates