Appeal Court Voids Electoral Act Rules On Party Registers, Primaries

The Court of Appeal in Abuja has struck down parts of the Electoral Act 2026 dealing with political party membership registers and the conduct of primaries.

A three-member panel held that sections 77(5), 77(6), 77(7) and 84(2) of the Act were inconsistent with sections 221 and 222 of the 1999 Constitution, which protect the right of political parties to choose the candidates they sponsor.

The case came through an appeal filed by the Zenith Party against the Independent National Electoral Commission after a lower court dismissed its challenge to the disputed provisions.

Under the affected provisions, parties were required to use only the membership register submitted to INEC before primaries, congresses or conventions. A party that failed to submit the register within the stipulated time could also be barred from fielding a candidate.

The appellate court said those restrictions went beyond what the Constitution allowed. The panel was led by Justice Balkisu Bello Aliyu, while Justice Eberechi Nyesom-Wike delivered the lead judgment.

Sources: Premium Times, Vanguard