The Supreme Court has upheld an appeal filed by the Independent National Electoral Commission (INEC), restoring provisions of the Electoral Act 2026 that had earlier been nullified by the Court of Appeal.

The seven-member panel of the apex court, led by Justice Adamu Jauro, ruled in favour of INEC on Thursday, September 24, 2026, setting aside the earlier decision of the Court of Appeal concerning provisions governing political party membership registers and candidate nomination.

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

The Supreme Court held that the provisions were not inconsistent with the 1999 Constitution, contrary to the position taken by the Court of Appeal. It consequently restored the judgment of the Federal High Court, which had earlier dismissed the challenge brought by the Zenith Labour Party (ZLP).

The case originated from a suit filed by the ZLP at the Federal High Court in Abuja. The party had challenged aspects of the Electoral Act relating to the submission and use of political party membership registers, as well as procedures for selecting candidates for elections.

The Federal High Court dismissed the suit on May 5, 2026. The ZLP subsequently appealed to the Court of Appeal, which on July 16 partially upheld the party’s case and voided the disputed provisions.

INEC, dissatisfied with that decision, proceeded to the Supreme Court, asking the apex court to reverse the judgment.

Under Section 77(5) of the Electoral Act, only members whose names appear on the membership register submitted to INEC at least 21 days before a party’s primary, congress or convention are eligible to participate in the exercise.

Section 77(6) provides that political parties are required to use the register submitted to the electoral commission for their primaries, congresses and conventions, while Section 77(7) provides consequences for parties that fail to submit their membership registers within the stipulated period.

Section 84(2), meanwhile, provides for direct primaries or consensus as methods through which political parties may nominate candidates for elective positions.

In its ruling, the Supreme Court also awarded N2 million in costs against the Zenith Labour Party.

The ruling comes ahead of the 2027 general elections and settles the latest legal challenge surrounding the interpretation and application of the affected provisions of the Electoral Act 2026.

The apex court also dismissed separate appeals brought by the Social Democratic Party and the Youth Party against INEC. While the SDP’s appeal was dismissed on its merits, the Youth Party’s appeal was struck out after the court upheld INEC’s preliminary objection, finding that the appeal had been filed one day outside the prescribed period.