Abuja, Nigeria — September 17, 2026.
DDNEWS
The Supreme Court has reserved judgment in an appeal filed by the Independent National Electoral Commission, INEC, challenging a Court of Appeal judgment that voided provisions of the Electoral Act relating to political party primaries and membership registers.
On Wednesday, September 16, 2026, a seven-man panel of the Supreme Court of Nigeria, presided over by Justice Adamu Jauro, officially reserved judgment in the high-stakes appeal marked SC/CR/495/2026.
The appeal stems from a legal battle between INEC and the Zenith Labour Party and challenges a Court of Appeal ruling that nullified major regulations within the Electoral Act 2026.
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The apex court said it needs time to carefully deliberate on a fundamental constitutional conflict that could reshape how Nigerian elections are conducted.
At the heart of the case is a clash between statutory oversight and party autonomy.
INEC argues that strict laws, such as mandatory digital registers and restricted primary formats, are necessary to stop godfatherism, prevent parallel primaries and bring transparency to internal party politics.
The lower court, however, ruled that the 1999 Constitution already states exactly what is required to run for office. It held that the National Assembly cannot use the Electoral Act to introduce extra restrictions or take away a party’s constitutional right to manage its own members and select candidates.
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The Supreme Court’s final decision will fundamentally shift the balance of power in Nigerian politics and set the tone for the 2027 general elections.
Should the apex court uphold the Electoral Act provisions, two key sections will take full effect.
Under Section 77, political parties will be legally forced to submit hard copies and digital versions of their membership registers to INEC exactly thirty days before their primaries. This means politicians will no longer be able to defect to a new party at the eleventh hour and legally run for office, as their names would not be on the pre-submitted register.
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Section 84(2) will strictly limit candidate selection to direct primaries, where every card-carrying party member votes, or consensus, which requires written, signed consent from all cleared aspirants. This strips party elites of the ability to use indirect primaries, a system heavily criticized for allowing wealthy governors and godfathers to influence the votes of a select few delegates.
The upcoming Supreme Court verdict will serve as the definitive legal blueprint for Nigeria’s 2027 General Elections. It represents an unappealable choice between strict statutory oversight by INEC and the constitutional freedom of political parties to manage their own internal affairs.
By: Komolafe Barakah