Supreme Court restores key Electoral Act provisions in Nigeria

A seven-member panel of the Supreme Court, led by Justice Adamu Jauro, has issued a unanimous judgment restoring several sections of the Electoral Act 2026. The ruling reinstates provisions governing party membership registers and candidate nominations, specifically Sections 77(5), 77(6), 77(7), and 84(2).

The decision reverses a July 16 Court of Appeal judgment that had previously declared these provisions unconstitutional. Under the restored sections, political parties are required to submit membership registers to the Independent National Electoral Commission (INEC) within specific timeframes and utilize those registers for conducting primaries. Additionally, Section 84(2) mandates the use of direct primaries or consensus for nominating candidates.

The ruling has created legal uncertainty regarding the validity of primaries already conducted and the status of candidates who defected between parties prior to securing tickets. While the judgment does not automatically invalidate existing nominations, the lack of clarity regarding individual application has placed both INEC and political parties in a difficult position ahead of the 2027 elections.