The Supreme Court on Wednesday reserved judgment in an appeal by the Independent National Electoral Commission challenging a Court of Appeal decision that voided provisions of the Electoral Act 2026 dealing with political party membership registers and the nomination of candidates.
The appeal, marked SC/CR/495/2026, arose from a legal dispute initiated by the Zenith Labour Party at the Federal High Court in Abuja over provisions of the Electoral Act which the party argued were inconsistent with the 1999 Constitution.
A seven-member panel of the apex court, presided over by Justice Adamu Jauro, reserved judgment after hearing arguments from the parties.
“This matter is now reserved for judgment, at a date to be communicated to the parties,” Justice Jauro said.
INEC is the appellant in the case, while the Zenith Labour Party is the respondent.
The dispute centres on Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act 2026.
The affected provisions concern the membership registers of political parties and the procedure for nominating candidates for elective positions.
The Zenith Labour Party had challenged the provisions at the Federal High Court, arguing that they infringed on constitutional provisions governing the internal affairs and candidate-selection processes of political parties.
The original suit, marked FHC/ABJ/509/2026, was dismissed by the Federal High Court in Abuja in a judgment delivered on May 5, 2026, by Justice Mohammed Umar.
Dissatisfied with the decision, the ZLP appealed to the Abuja Division of the Court of Appeal in Appeal No. CA/ABJ/CV/750/2026.
The Court of Appeal, in a judgment delivered on July 16, 2026, allowed the appeal in part and voided the disputed provisions of the Electoral Act.
The appellate court held that Sections 77(5), 77(6), 77(7) and 84(2) were inconsistent with provisions of the 1999 Constitution relating to political parties and their internal administration.
The court’s decision included provisions dealing with which members could participate in party primaries, the membership register to be used for primaries, the consequences of failing to submit a membership register and the procedure for nominating candidates through direct primaries or consensus.
The Court of Appeal’s ruling prompted INEC to approach the Supreme Court, seeking to overturn the decision.
The Supreme Court’s eventual judgment will therefore determine the status of the disputed provisions and their application to political parties and the electoral process.
The case has attracted particular attention ahead of the 2027 general elections because the disputed provisions relate directly to party membership records and candidate nomination processes.
A separate report by Peoples Daily said the apex court also reserved judgment in appeals involving the Social Democratic Party and Youth Party over related Court of Appeal decisions concerning INEC and the Electoral Act.
The wider legal dispute comes amid several court cases concerning INEC’s powers under the Electoral Act 2026 and its preparations for the 2027 elections.
In another case, a Federal High Court in Abuja affirmed INEC’s power to issue its election timetable and schedule of activities, including timelines relating to party primaries and the submission of party membership registers.
The Supreme Court, however, has yet to announce the date on which it will deliver judgment in the ZLP-INEC appeal.
Until the apex court rules, the legal status and interpretation of the disputed provisions remain subject to the pending appeal.
The judgment is expected to provide further judicial clarification on the relationship between the Electoral Act, INEC’s regulatory role and the constitutional powers of political parties in the conduct of their internal affairs ahead of the 2027 elections.








