Supreme Court of Nigeria Restores Electoral Act 2026 Provisions

The Supreme Court of Nigeria issued a unanimous ruling on September 24 restoring four key provisions of the Electoral Act 2026. The decision overturned a previous Court of Appeal judgment that had voided sections 77(5), 77(6), 77(7), and 84(2), which regulate how political parties nominate candidates and manage membership registers.

Under the restored law, political parties must submit membership registers to the Independent National Electoral Commission (INEC) at least 21 days before conducting primaries, congresses, or conventions. Only individuals listed on these submitted registers are eligible to participate in party exercises. The court ruled that these requirements do not conflict with the 1999 Constitution and do not constitute unconstitutional interference in internal party affairs.

The court awarded N2 million in costs against the Zenith Labour Party, which had challenged the Act. Additionally, the court dismissed an appeal from the Social Democratic Party of Nigeria and struck out an appeal from the Youth Party because it was filed one day past the deadline.

Senior Advocate of Nigeria Oba Maduabuchi described the ruling as perfect, noting that while parties still determine their own membership and selection methods—including direct primaries or consensus—they must comply with the notification timeline to ensure candidate eligibility.