By Ekuson Nw’Ogbunka in Abuja
The Court of Appeal in Abuja has delivered a significant judgment that could alter the way political parties conduct their primaries and nominate candidates ahead of the 2027 general elections.
The appellate court struck down four provisions of the Electoral Act 2026, declaring them inconsistent with the 1999 Constitution. The provisions are Sections 77(5), 77(6), 77(7) and 84(2).
The affected sections largely concern party membership registers and the procedures political parties are required to follow when selecting candidates for elective positions.
The judgment arose from a case involving the Zenith Party and the Independent National Electoral Commission (INEC), in which the three-member panel, led by Justice Balkisu Bello Aliyu, unanimously overturned the earlier ruling of the Federal High Court.
The lead judgment was delivered by Justice Eberechi Nyesom-Wike. The court held that statutory provisions cannot be used to impose restrictions that interfere with constitutional powers enjoyed by political parties in managing their internal affairs.
One of the provisions struck down, Section 77(5), had restricted participation in party primaries to members whose names were contained in the membership register submitted to INEC. The court found the restriction unconstitutional.
The court also nullified Section 77(6), which barred political parties from using a different membership register during primaries, congresses and conventions. Section 77(7), which could affect a party’s ability to field candidates if it failed to submit its membership register within the prescribed period, was equally declared unconstitutional.
Another major aspect of the ruling concerns Section 84(2), which limited the nomination of candidates to direct primaries or consensus. The Court of Appeal struck down the provision, effectively giving political parties greater discretion over the mechanisms they adopt for choosing their candidates.
Importantly, the judgment did not scrap the Electoral Act 2026 in its entirety. Neither did it remove the obligation on political parties to maintain membership registers and submit them to INEC; rather, only the specific provisions found to conflict with the Constitution were invalidated.
With the 2027 elections drawing closer, the ruling could become a major factor in the political calculations of parties, aspirants and their supporters. It may reshape how parties organise congresses and primaries, determine membership participation and ultimately select candidates for the next general elections.
These versions deliberately differ: the national newspaper copy is more compact and straight-news oriented, while the online version explains the legal implications more fully and foregrounds what the ruling means for the 2027 political process.
