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The Supreme Court on Thursday upheld an appeal filed by the Independent National Electoral Commission, INEC, challenging a Court of Appeal judgment that invalidated portions of the Electoral Act 2026 dealing with political party primaries and membership registers.

The commission had approached the apex court to challenge parts of the appellate court’s decision in a case originally instituted by the Zenith Labour Party, ZLP, at the Federal High Court.

After hearing the appeal filed by INEC through its counsel, Dr Alex Izinyon, SAN, Justice Adamu Jauro delivered judgment in favour of the electoral commission and set aside the Court of Appeal decision that had favoured the ZLP.

The Supreme Court affirmed the judgment of the trial court and awarded N2 million in costs against the respondent, ZLP.

In its ruling, the apex court held that Sections 77(5) and 84 of the Electoral Act do not conflict with the 1999 Constitution.

Also on Thursday, the Supreme Court dismissed two separate appeals filed against INEC by the Social Democratic Party, SDP, and the Youth Party, YP.

The two political parties had approached the apex court to challenge decisions previously delivered by the Court of Appeal in their respective cases against the electoral commission.

In the case involving the SDP and INEC, the court considered the appeal on its merits before dismissing it.

In the Youth Party matter, the Supreme Court upheld a preliminary objection filed by INEC and struck out the appeal on the grounds that it was incompetent.

The court held that the appeal was invalid and incompetent because it had been filed one day outside the stipulated time.

The Federal High Court in Abuja, presided over by Justice Mohammed Umar, had earlier dismissed the Youth Party’s suit in a judgment delivered on May 5, 2026.

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

In its judgment delivered on July 16, 2026, the Court of Appeal partially allowed the appeal and voided provisions of the Electoral Act concerning political party primaries and membership registers.

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

The appeal, marked SC/CR/495/2026, originated from a suit filed by the Zenith Labour Party at the Federal High Court in Abuja challenging provisions of the Electoral Act which the party argued were inconsistent with the 1999 Constitution.

A seven-member panel of the Supreme Court, led by Justice Adamu Jauro, had reserved judgment last week after hearing arguments from the parties involved.

In its appeal, INEC urged the apex court to dismiss the challenges brought by the Youth Party and the Social Democratic Party.

The original case, marked FHC/ABJ/509/2026, was filed by the ZLP against the disputed provisions contained in the Electoral Act 2026.

The provisions under contention include Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act 2026.

Sections 77(5), 77(6) and 77(7) set out statutory requirements concerning political parties’ membership registers, while Section 84(2) provides for direct primaries or consensus as methods through which political parties may nominate candidates.

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

The party based its case, among other constitutional provisions, on Sections 221 and 222 of the Constitution, which establish the constitutional framework governing political parties.

Following the Federal High Court’s dismissal of the suit, the ZLP proceeded to the Court of Appeal, leading to the appellate court’s judgment of July 16.

Unhappy with the outcome of the appeal, INEC subsequently took the matter before the Supreme Court.

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