The Independent National Electoral Commission has said it is reviewing the Certified True Copy of the Supreme Court judgment restoring key provisions of the Electoral Act 2026 governing political party membership registers and the nomination of candidates ahead of the 2027 general elections.
INEC Chairman, Prof. Joash Amupitan, SAN, disclosed this on Tuesday at the Commission’s World Press Conference and National Stakeholders Meeting in Abuja, saying the electoral body received the certified judgment only on Tuesday morning.
The Supreme Court had on September 24, 2026, unanimously allowed INEC’s appeal and restored Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act 2026, which had earlier been struck down by the Court of Appeal following a suit instituted by the Zenith Labour Party. The apex court held that the provisions were not inconsistent with the 1999 Constitution and restored the earlier Federal High Court judgment dismissing ZLP’s challenge.
Amupitan said the Commission had received representations from political parties, aggrieved aspirants and the National Assembly concerning the implications of the Supreme Court decision.
“We have recently received complaints from some political parties, and aggrieved aspirants, and even from the National Assembly, drawing our attention to the recent Supreme Court decision of the Zenith Labour Party, delivered on 24 September 2026, affirming the constitutionality of Sections 77, subsections 5 to 7 of the Electoral Act 2026, and also upholding our revised timetable and schedule of activities for the 2027 General Election,” he said.
“We only received a certified copy of this judgment this morning, and it is being reviewed.”
Reports of Tuesday’s briefing confirm that INEC has yet to announce its final position on how the judgment will be applied to individual candidates or political parties, with the Commission saying it is first studying the certified decision and its implications.
The legal dispute concerns provisions of the Electoral Act regulating who may participate in political party primaries, the membership register parties must use in conducting primaries, congresses and conventions, the consequences of failing to submit such registers within the stipulated period, and the recognised methods for nominating candidates.
Section 77(5) provides that only members whose names appear in the membership register submitted to INEC at least 21 days before a primary, congress or convention may participate in the exercise.
Section 77(6) requires a political party to use the membership register submitted to INEC for its primaries, congresses and conventions, while Section 77(7) provides that a party which fails to submit its register within the prescribed period cannot field a candidate in the relevant election.
Section 84(2), meanwhile, provides that political parties shall nominate candidates for elective positions through direct primaries or consensus.
The Zenith Labour Party had challenged the provisions before the Federal High Court in Abuja, arguing that they interfered with the constitutional powers of political parties to regulate their internal affairs and determine how their candidates should emerge.
The Federal High Court dismissed the challenge on May 5, but the Court of Appeal subsequently allowed ZLP’s appeal in part and struck down the four provisions, holding that they were inconsistent with constitutional provisions governing political parties.
INEC then approached the Supreme Court seeking to overturn the Court of Appeal decision and restore the provisions.
A seven-member panel of the Supreme Court, in its unanimous judgment delivered on September 24, allowed INEC’s appeal, set aside the Court of Appeal decision and restored the Federal High Court judgment. The apex court also awarded ₦2 million in costs against ZLP.
The decision has since generated questions among political parties and aspirants about its possible effect on nominations already conducted for the 2027 elections, particularly where questions arise over membership registers submitted to INEC before party primaries.
The House of Representatives Committee on Electoral Matters has also urged INEC to enforce the restored provisions and verify that candidates fielded by political parties complied with the membership-register requirements of Section 77.
However, the Supreme Court judgment does not by itself amount to a blanket disqualification of particular candidates. INEC has said it is examining the certified judgment before determining the administrative implications for political parties, aspirants and its preparations for the 2027 elections.
Amupitan’s statement on Tuesday therefore leaves the immediate position unchanged: the disputed statutory provisions have been restored by the Supreme Court, but the electoral commission is still studying the certified judgment before announcing how it will apply the decision to outstanding nomination and eligibility questions ahead of the 2027 polls.
The post “Supreme Court Has Affirmed Sections 77(5)-(7) Of Electoral Act 2026” — INEC Reviews Judgment On Party Registers, Candidate Nominations appeared first on TheNigeriaLawyer.
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