S’Court reserves judgment in INEC, SDP, Youth Party appeal

By Vivian Okejeme

The Supreme Court, Wednesday, reserved its judgment in three different appeals filed by the Independent National Electoral Commission(INEC) against a Court of Appeal judgment voiding part of the provisions of the Electoral Act 2026, dealing with political party primaries and membership registers.

Also, Social Democratic Party and Youth Party also filed seperate appeals against INEC over the decisions of the Court of Appeal in their case.

The appeal, marked SC/CR/495/2026, arose from a suit filed by the Zenith Labour Party at the Federal High Court, Abuja, challenging provisions of the Electoral Act which the party contended were inconsistent with the 1999 Constitution.

A seven-man panel of the apex court, presided over by Justice Adamu Jauro, reserved judgment after hearing arguments from the parties.

INEC, through its Counsel, Dr Alex Izinyon, SAN, is the appellant, while the Zenith Labour Party is the respondent.

In its appeal, INEC’s urged the court to dismissed the appeal filed by YP and SDP.

The original suit, marked FHC/ABJ/509/2026, was filed by the ZLP against the disputed provisions of the Electoral Act 2026.

The Federal High Court, Abuja Division, presided over by Justice Mohammed Umar, dismissed the party’s action in a judgment delivered on May 5, 2026.

Dissatisfied, the ZLP appealed to the Abuja Division of the Court of Appeal in Appeal No. CA/ABJ/CV/750/2026.

The Court of Appeal, in its judgment delivered on July 16, 2026, allowed the appeal in part and voided provisions of the Electoral Act relating to party primaries and membership registers.

The appellate court’s decision prompted INEC to approach the Supreme Court, according to the commission’s brief of argument filed in the appeal.

The provisions at the centre of the dispute include Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act 2026.

Sections 77(5), 77(6) and 77(7) concern the statutory requirements relating to political parties’ membership registers, while Section 84(2) prescribes direct primaries or consensus as methods for the nomination of candidates by political parties.

The ZLP had argued at the trial court that the provisions conflicted with the 1999 Constitution and amounted to unconstitutional interference in the internal affairs of political parties.

The party’s case is anchored, among others, on Sections 221 and 222 of the Constitution, which provide for the constitutional framework governing political parties.

After the Federal High Court dismissed the suit, the ZLP appealed, leading to the Court of Appeal’s July 16 judgment.

INEC, dissatisfied with that judgment, subsequently lodged the present appeal before the Supreme Court.

The apex court is now expected to determine whether the Court of Appeal was right to void the disputed provisions of the Electoral Act or whether the statutory requirements imposed on political parties should remain in force.

The judgment will have implications for the regulation of political parties, the maintenance and submission of membership registers and the conduct of party primaries ahead of the 2027 general elections.