Court strikes down electoral act clauses restricting political parties
The Court of Appeal in Abuja has declared unconstitutional key provisions of the Electoral Act 2026 relating to political party membership registers and the nomination of candidates, holding that they are inconsistent with the 1999 Constitution.
In a unanimous judgment delivered on Thursday, the appellate court voided Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act 2026, ruling that the National Assembly cannot impose restrictions that conflict with constitutional provisions governing political parties and elections.
The three-member panel, led by Justice Balkisu Bello Aliyu, delivered the lead judgment through Justice Eberechi Nyesom-Wike.
The court held that the Constitution had already prescribed the qualifications and disqualifications for political parties and candidates under Sections 177 and 182, and that an Act of the National Assembly could not introduce additional conditions that undermine those constitutional guarantees.
It ruled that a subsidiary law cannot disqualify a person or political party where the Constitution has already recognised their eligibility.
The appellate court specifically struck down Section 84(2) of the Electoral Act 2026, which provides that political parties must nominate candidates through either direct primaries or consensus.
According to the court, the provision amounts to undue legislative interference in the internal affairs of political parties by restricting the modes through which they may choose their candidates.
The court further held that the National Assembly lacks the constitutional authority to curtail powers already vested in political parties by the Constitution.
However, the appellate court clarified that it did not invalidate the entirety of Sections 77 and 84 of the Electoral Act. It held that provisions requiring political parties to maintain membership registers remain valid and enforceable.
The invalidated provisions had required that only members whose names appear in a party’s membership register could vote or be voted for during party primaries, congresses and conventions. They also prohibited parties from using any register other than the one submitted to the Independent National Electoral Commission (INEC) and barred parties that failed to submit their membership register within the prescribed period from fielding candidates in an election.
The judgment arose from an appeal filed by the Zenith Labour Party (ZLP), which challenged the legality of the provisions after the Federal High Court in Abuja dismissed its suit in May.
In the appeal, the party argued that the disputed sections of the Electoral Act unlawfully encroached on the constitutional powers of political parties to regulate their internal affairs, including the procedures for selecting candidates.
The Court of Appeal agreed, holding that the Constitution takes precedence over any conflicting provision of the Electoral Act and that the National Assembly cannot legislate in a manner that diminishes rights already guaranteed under the Constitution.