₦airaland Forum

The Court of Appeal sitting in Abuja has struck down key provisions of the Electoral Act 2026 regulating political parties’ membership registers and the nomination of candidates, holding that they are inconsistent with the 1999 Constitution and cannot limit the constitutional powers of political parties ahead of the 2027 general elections.

In a unanimous judgment delivered on Thursday, a three-member panel of the appellate court presided over by Justice Balkisu Bello Aliyu, invalidated Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act 2026 after ruling that they conflict with Sections 221 and 222 of the constitution, which guarantee the rights of political parties to sponsor candidates for elections and manage their internal affairs..

THEWILL reports that the appeal followed the dismissal of a suit filed by the Zenith Party at the Federal High Court in Abuja challenging the constitutionality of provisions of the Electoral Act 2026 relating to political party membership registers and the conduct of party primaries.

Justice Mohammed Umar had, on May 5, dismissed the suit for lacking merit, prompting the party to approach the Court of Appeal.

Before the appellate court, the Zenith Party argued that the disputed provisions amounted to an unconstitutional attempt by the National Assembly to usurp powers exclusively vested in political parties by the Constitution.

The party urged the appellate court to determine whether the Electoral Act could validly impose restrictions on the internal affairs of political parties when the Constitution had already defined their rights and responsibilities.

Court Declares Provisions Unconstitutional
In its lead judgment delivered by Justice Eberechi Nyesom-Wike in Appeal No. CA/ABJ/CV/750/2026 filed by the Zenith Party (ZP) against the Independent National Electoral Commission (INEC), the Court held that the challenged provisions unlawfully interfered with the constitutional autonomy of political parties.

The court nullified Section 77(5), which required that only persons whose names appeared in a membership register submitted to INEC at least 21 days before party primaries, congresses, or conventions would be eligible to vote.

It also invalidated section 77(6), which prohibited political parties from using any membership register other than the one previously submitted to the electoral commission.

Similarly, section 77(7), which barred political parties that failed to submit membership registers within the stipulated period from fielding candidates for elections, was struck down.

The appellate court further declared Section 84(2) unconstitutional.

The provision had limited political parties to nominating candidates through either direct primaries or consensus.

According to the court, prescribing the mode through which political parties must nominate candidates amounted to an unconstitutional intrusion into their internal affairs.

Justice Nyesom-Wike held that Sections 221 and 222 of the Constitution clearly recognise political parties as institutions with the constitutional authority to organise their internal affairs, including the selection of candidates for elections.

The court noted that sections 177 and 182 of the Constitution already provide exhaustive qualifications and disqualifications for candidates seeking elective office.

It held that no subsidiary legislation or statutory provision could validly introduce additional conditions capable of disqualifying a political party or a candidate who otherwise satisfies constitutional requirements.

The three justices unanimously stressed that the Constitution is the supreme law of the land and that any provision of an Act of the National Assembly inconsistent with it is null and void to the extent of its inconsistency.

fergie001:
https://thewillnews.com/appeal-court-nullifies-key-electoral-act-provisions-on-party-primaries-candidate-nomination/

Lithiumite:
SC will upturn this judgement, any politician that because of this decamp is doing so at his or her own peril......INEC has regulatory powers given to it by the constitution.......its funny how those in support of this agree the courts can meddle in INec'd regulatory powers while the same courts cant meddle in party infractions on Inec's powers and the fundamental rights of their members.

I noh be lawyer o! IMHO!!

PHIPEX:
Because Petwr Obi escaped the trap, the law suddenly.became useless

ijayalolo:
Nobody mentioned your messiah now, If people start replying you based on what you said, you guys will start crying that everybody is on your principal.




Thank you for your attention to this matter

slimstanakacns:
Abaracadabra judgment when it favours those who hold the judiciary by the jugular. Nigeria is gone, and soon the country may be likened to Syria, Somalia, or South Sudan.

PHIPEX:
Why are you crying over his name like demons cry over the name of Jesus?

Lithiumite:
SC will upturn this judgement, any politician that because of this decamp is doing so at his or her own peril......INEC has regulatory powers given to it by the constitution.......its funny how those in support of this agree the courts can meddle in INec'd regulatory powers while the same courts cant meddle in party infractions on Inec's powers and the fundamental rights of their members.

I noh be lawyer o! IMHO!!

Obaofaba:
Must law continue to encourage politician's transfer to other parties with different ideologies particularly in days leading to the election?