The Court of Appeal in Abuja has invalidated sections 77(5), (6), (7), and 84(2) of the 2026 Electoral Act. These provisions previously dictated how political parties managed membership registers and selected candidates for the upcoming 2027 general elections.
A three-judge panel reached this unanimous verdict on Thursday. The court determined that these specific sections conflict with sections 221 and 222 of the 1999 Constitution, which grant political parties autonomy to determine their own candidates. The legal challenge, filed by the Zenith Party (ZP) against the Independent National Electoral Commission (INEC), was headed by a panel including Justice Balkisu Bello Aliyu and led by Justice Eberechi Nyesom-Wike.
The Zenith Party initially challenged the law after the Federal High Court, under Justice Mohammed Umar, rejected their suit in May. The party argued that the Electoral Act infringed upon the constitutional rights of political groups to manage their internal processes. The appellate judges agreed, noting that the 1999 Constitution already explicitly defines candidate qualifications and disqualifications. Consequently, any secondary legislation imposing additional barriers is legally unenforceable.
