Supreme Court restores Electoral Act rules on primaries and party registers
The Supreme Court has upheld four provisions of the Electoral Act 2026, overturning a Court of Appeal ruling months before the 2027 polls.
By John Christian Mmaduabuchi, Chief Editor
· · 3 min read

- The court set aside a 16 July Court of Appeal ruling that voided the provisions
- Only members on registers submitted to INEC can take part in primaries
- Parties must choose candidates by direct primaries or consensus
The gist in 30 seconds
- The court set aside a 16 July Court of Appeal ruling that voided the provisions
- Only members on registers submitted to INEC can take part in primaries
- Parties must choose candidates by direct primaries or consensus
Updated 10:41 WAT, 30 Sep 2026: This story now reflects that reports differ on the size of the Supreme Court panel and on who delivered the lead judgment.
The Supreme Court has handed the Independent National Electoral Commission (INEC) an important win ahead of the 2027 general elections. On Thursday, 24 September, the court allowed INEC’s appeal and restored four provisions of the Electoral Act 2026 that the Court of Appeal had struck down in July.
Accounts of the bench differ. Reports on the day, including the News Agency of Nigeria’s carried by P.M. News, described a seven-member panel presided over by Justice Adamu Jauro. ThisDay, reporting on the certified true copy of the judgment, says five justices sat and that Justice Emmanuel Agim delivered the lead judgment. The accounts agree on the outcome.
The court held that the disputed sections “do not conflict with the 1999 Constitution”. It set aside the Court of Appeal judgment of 16 July, restored the Federal High Court decision of 5 May that had dismissed the challenge, and awarded N2 million in costs against the Zenith Labour Party (ZLP), which brought the original suit.
Two related appeals also failed. The Social Democratic Party’s appeal was dismissed on its merits, while the Youth Party’s was struck out as incompetent because it was filed one day late.
What the restored rules say
- Section 77(5): only members listed on a party register submitted to INEC at least 21 days before a primary can take part in it.
- Section 77(6): parties must use that same register for their primaries, congresses and conventions.
- Section 77(7): a party that fails to submit its register within the set period cannot field candidates.
- Section 84(2): candidates must emerge through direct primaries or consensus, which removes the indirect, delegate-based option.
Why it matters now
With the presidential and National Assembly elections scheduled for 16 January 2027, parties have already picked most of their candidates. That raises a practical question: does the ruling reopen those nominations?
Lawyers are not fully agreed. Dr Abiodun Layonu (SAN), quoted by Tribune, said the court had authoritatively settled that the provisions are valid. Others stress a distinction: confirming that the law is constitutional is not the same as deciding whether a particular candidate complied with it, which would still have to be tested case by case in court. Some commentators also question how much say parties should keep over who finally carries their ticket once members have voted in a direct primary.
For voters, the practical effect is that the membership register has become a central document. If you want a say in your party’s choices in future, make sure your name is on the register your party submits to INEC.
What next: Watch for INEC guidance on how it will apply the judgment, and for pre-election suits testing whether individual candidates met the register and primary rules.
Sources
We checked this story against these sources. How we check
- Premium Times: Supreme Court restores Electoral Act provisions voided by appeal court
- Nigerian Tribune: Supreme Court dismisses Appeal Court’s ruling voiding sections of Electoral Act 2026
- BusinessDay: Supreme Court affirms INEC’s authority over party primaries, membership registers
- The Guardian Nigeria: Election guidelines: S’Court upholds INEC appeal, dismisses SDP, Youth Parties’ suit
- The Guardian Nigeria: Supreme Court restores direct primaries, tightens party membership rules ahead of 2027 polls
- Nigerian Tribune: Supreme Court ruling: SANs explain implications for parties, candidates
- P.M. News: INEC wins 2026 Electoral Act battle at Supreme Court
- Nairametrics: CBN ready to manage election-related liquidity risks, says Cardoso
- P.M. News (NAN): INEC wins 2026 Electoral Act battle at Supreme Court (24 Sep 2026)
- ThisDay: INEC’s guidelines, timetable meant to ensure transparent conduct of party primary, Supreme Court holds (30 Sep 2026)
- TVC News: Supreme Court upholds INEC appeal, says Electoral Act provisions constitutional (Sep 2026)