Politicians who recently defected to new political parties may face additional hurdles in securing party tickets ahead of the 2027 elections following a Supreme Court ruling upholding key provisions of the Electoral Act 2026 on party membership registers and candidate nomination.
A seven-member panel of the Supreme Court on Thursday, September 24, 2026, upheld an appeal filed by the Independent National Electoral Commission (INEC), overturning the July 16 judgment of the Abuja Division of the Court of Appeal that had struck down the disputed provisions.
The apex court validated Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act 2026, holding that they are not inconsistent with the 1999 Constitution, as amended.
The court also faulted the Court of Appeal for failing to dismiss the case in its entirety and restored the earlier judgment of the Federal High Court, Abuja, which had dismissed the challenge brought by the Zenith Labour Party (ZLP).
The ruling could have implications for politicians who have recently moved from one party to another, particularly where participation in primaries depends on compliance with the statutory membership-register requirements.
Under Section 77(5), persons participating in a political party’s primaries, congresses or conventions are required to be included in the membership register submitted to INEC within the prescribed period.
Section 77(6) prohibits parties from using a membership register different from the one submitted to INEC for their primaries, congresses and conventions, while Section 77(7) provides that a party that fails to submit its membership register within the stipulated period will not be eligible to field a candidate.
Section 84(2), meanwhile, provides for direct primaries or consensus as methods through which political parties may nominate candidates for elective offices.
The legal dispute originated from a suit filed by ZLP at the Federal High Court in Abuja, challenging the constitutionality of the provisions and arguing that they amounted to interference in the internal affairs of political parties and conflicted with Sections 221 and 222 of the Constitution.
Justice Mohammed Umar of the Federal High Court dismissed the suit, marked FHC/ABJ/509/2026, on May 5, 2026, for lacking merit.
Dissatisfied with the judgment, ZLP appealed to the Abuja Division of the Court of Appeal in Appeal No. CA/ABJ/CV/750/2026.
On July 16, the Court of Appeal allowed the appeal in part and declared Sections 77(5), 77(6), 77(7) and 84(2) unconstitutional.
The judgment prompted INEC to approach the Supreme Court, which has now reversed the Court of Appeal’s position and upheld the validity of the disputed provisions.
The apex court also awarded ₦2 million in costs against ZLP.
With the Supreme Court’s decision, the statutory requirements governing party membership registers and the recognised methods of candidate nomination under the 2026 Electoral Act remain in force as political parties prepare for the 2027 elections.
