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Nigeria Supreme Court Reserves Judgment on Electoral Act Appeal

Published 17 September 2026

The Supreme Court of Nigeria reserved judgment on Wednesday after hearing arguments in an appeal by the Independent National Electoral Commission (INEC) seeking to restore key provisions of the Electoral Act 2026 that were struck down by a lower court. The case has significant implications for the legal framework governing political party primaries ahead of the 2027 general elections. A seven-member panel of the apex court, led by Justice Adamu Jauro, heard submissions from INEC and the Zenith Labour Party (ZLP) before adjourning to deliver its ruling at a later date. The court stated that the judgment date would be communicated to the parties. The appeal stems from a July 16, 2026, decision by the Court of Appeal in Abuja, which declared Sections 77(5), 77(6), 77(7), and 84(2) of the Electoral Act 2026 unconstitutional and void. The appellate court held that these provisions were inconsistent with the 1999 Constitution, particularly sections 221 and 222, which grant political parties the right to determine their membership and nominate candidates. The disputed sections regulate party membership registers and candidate nomination procedures.

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