The Court of Appeal sitting in Abuja has declared some provisions of the Electoral Act 2026 unconstitutional, ruling that certain sections of the law interfere with the constitutional rights of political parties to manage their internal affairs.
The appellate court struck down Sections 77(5), 77(6), 77(7), and 84(2) of the Electoral Act 2026, which deal with political party membership registers and procedures for selecting candidates ahead of elections. The decision followed an appeal brought before the court challenging the legality of the provisions.
In its judgment, the three-member panel held that the affected sections were inconsistent with relevant provisions of the Nigerian Constitution, particularly those that protect the independence of political parties in determining their membership and choosing candidates for elections.
The court ruled that while electoral laws are necessary to provide guidance and regulate democratic processes, such regulations must not undermine the constitutional powers granted to political parties. According to the judgment, issues relating to party membership and candidate nomination fall largely within the internal administration of political organisations.
The case was reportedly initiated by the Zenith Party, which challenged the validity of the disputed provisions. The party argued that the sections placed unnecessary restrictions on political parties and affected their ability to independently manage their affairs.
Legal observers say the ruling could have significant implications for political parties preparing for the 2027 general elections. They noted that the judgment may affect how parties organise their membership records, conduct primaries and select candidates for various elective positions.
Analysts explained that political party autonomy has always been a major issue in Nigeria’s democratic development. While the Electoral Act provides a framework for ensuring transparency and fairness, experts say the balance between regulation and party independence remains an important constitutional question.
The decision has also generated discussions among political stakeholders, with some welcoming the judgment as a protection of democratic freedoms, while others believe stronger regulations are necessary to improve accountability within political parties.
Election experts said the ruling highlights the need for lawmakers to carefully review electoral legislation to ensure that new laws align with constitutional provisions. They added that clear electoral rules are important for reducing disputes and improving confidence in the election process.
The judgment comes as political parties intensify preparations for the 2027 general elections, with internal arrangements, candidate selection and party structures becoming increasingly important. Stakeholders believe that the interpretation of electoral laws by the courts will continue to shape the activities of political parties ahead of the polls.
Meanwhile, the Independent National Electoral Commission (INEC) is expected to continue implementing electoral guidelines within the limits of the law as political activities progress. The commission has repeatedly emphasised the importance of credible elections, compliance with legal requirements and cooperation among all stakeholders.
The Appeal Court’s decision represents another major judicial development affecting Nigeria’s electoral framework. Political parties, lawmakers and election observers are expected to closely monitor the impact of the ruling and any possible legislative response before the 2027 election cycle reaches its peak.
