Court of Appeal Invalidates Sections of Nigeria's 2026 Electoral Act
The Court of Appeal in Abuja, Nigeria’s capital, has nullified several sections of the Electoral Act 2026.
The appellate court invalidated these sections on the grounds that they conflict with certain provisions of the 1999 Constitution.
The specific provisions of the Electoral Act 2026 struck down by the court include Sections 77(5), (6), and (7), as well as Section 84(2).
In a unanimous decision delivered on Thursday, the court ruled that a subsidiary legislation cannot disqualify an individual who has already been qualified by the Constitution.
The panel was led by Justice Balkisu Bello Aliyu, while Justice Eberechi Nyesom-Wike, wife of the FCT Minister, read the lead judgment.
The Court of Appeal stated that Sections 177 and 182 of the 1999 Constitution have already outlined the criteria for political party membership, and how candidates can qualify or be disqualified for any election.
Furthermore, the Appeal Court ruled that the National Assembly cannot impose restrictions on the powers of political parties that are already guaranteed by the Constitution.
The court declared Section 84(2) of the Electoral Act 2026 unconstitutional because it sought to restrict political parties to either direct primaries or a consensus mode of selection.
According to the Appeal Court, this section constitutes undue legislative interference in the internal affairs of political parties.
However, the court clarified that it did not invalidate Sections 77 and 84 in their entirety; the provisions requiring political parties to maintain a membership register remain valid.
The sections affected by this ruling focus primarily on the processes political parties use to nominate candidates and manage their membership registers.
The Affected Sections
Section 77(5) stated: “Only members whose names appear in the register shall be eligible to vote and be voted for during party primaries, congresses, and conventions.”
Section 77(6) stated: “A political party shall not use any other register for party primaries, congresses, and conventions except the register submitted to the Commission.”
Section 77(7) stated: “Any party that fails to submit its membership register within the stipulated time shall not be eligible to field any candidate for the election.”
Section 84(2) stated: “The procedure for the nomination of candidates by political parties for various elective positions shall be by direct primaries or consensus.”
Background to the Case
What led to this lawsuit?
The Zenith Party of Nigeria, widely known as the Zenith Labour Party (ZLP), approached the court to challenge the Electoral Act 2026.
The party filed an appeal seeking to overturn a previous ruling and challenge the legality of certain provisions within the electoral law.
In May 2026, a Federal High Court judge, Justice Mohammad Umar, had dismissed the ZLP’s case, ruling that it lacked merit.
Dissatisfied, the party took the matter to the Court of Appeal, asking the court to determine whether the provisions of the Electoral Act hold superior authority over the constitutional rights granted to political parties.
They also asked the appellate court to determine whether the electoral law was attempting to infringe upon the rights of political parties to independently manage their internal affairs.
