Appeal Court Nullifies Electoral Act Sections on Party Register, Candidate Nomination

The Court of Appeal in Abuja has struck down key provisions of the Electoral Act 2026 relating to political party membership registers and candidate nomination procedures, ruling that they are inconsistent with the provisions of the 1999 Constitution.

In a unanimous judgment delivered on Thursday, a three-member panel led by Justice Balkisu Bello Aliyu held that Sections 77(5), 77(6), 77(7), and 84(2) of the Electoral Act are unconstitutional, declaring that the National Assembly cannot enact laws that override constitutional provisions governing political parties and candidates.

The lead judgment was delivered by Justice Eberechi Nyesom-Wike.

READ ALSO: Appeal Court Validates INEC Guidelines on 2027 Elections

The appellate court ruled that Sections 177 and 182 of the 1999 Constitution already prescribe the qualifications and disqualifications for candidates seeking elective offices, stressing that “a subsidiary law cannot disqualify an individual already deemed qualified by the constitution.”

According to the court, the National Assembly lacks the authority to impose additional restrictions on political parties beyond those contained in the Constitution.

The court specifically declared Section 84(2) of the Electoral Act unconstitutional, holding that the provision, which limits political parties to conducting either direct primaries or adopting the consensus option for nominating candidates, amounts to legislative interference in the internal affairs of political parties.

However, the court clarified that it did not invalidate the entire Sections 77 and 84 of the Electoral Act.

It held that provisions requiring political parties to maintain membership registers remain valid.

The nullified provisions include Section 77(5), which states that “Only members whose names are contained in the register shall be eligible to vote and be voted for in party primaries, congresses and conventions.”

Section 77(6) provides that “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) further states that “A party that fails to submit the membership register within the stipulated time shall not be eligible to field a candidate for that election.”

The court also voided Section 84(2), which provides that “The procedure for the nomination of candidates by political parties for the various elective positions shall be by direct primaries or consensus.”

The appeal arose from a suit filed by the ZP, which challenged the legality of the affected provisions, arguing that they infringed on the constitutional powers of political parties to regulate their internal affairs.

The party had urged the appellate court to determine whether the Electoral Act could override powers already guaranteed to political parties under the 1999 Constitution.

It also argued that the provisions amounted to an attempt to usurp the rights of political parties to determine how they conduct their internal processes.

The appeal followed the dismissal of the suit by Justice Mohammed Umar of the Federal High Court in Abuja in May, who ruled that the case lacked merit.

TVC News Online had earlier reported that the same appellate court validated the Guidelines of the Independent National Electoral Commission (INEC) on the conduct of the 2027 general election.

In a unanimous judgment the court of appeal voided and set aside the May 20 judgment of the Federal High Court in Abuja which nullified the Guidelines and barred its implementation