The Court of Appeal in Abuja has voided sections 77(5), (6) and (7) and 84(2) of the Electoral Act 2026, as amended, regarding political parties’ primary elections and membership registers.

A three-member panel led by Justice Balkisu Aliyu, on Thursday, held that the disputed sections of the Electoral Act were at variance with sections 221 and 222 of the Nigerian Constitution which granted political parties the right to decide whom to nominate for elections.

The ruling was delivered in an appeal brought by Zenith Party in the case marked CA/ABJ/CV/750/2026 with the Independent National Electoral Commission as the respondent.

The Zenith Party had approached the appellate court to challenge the 5 May decision of Judge Mohammed Umar of the Federal High Court in Abuja dismissing its suit challenging the constitutionality of the disputed provisions.

The party argued that the disputed provisions of the Electoral Act unlawfully interfered with the internal administration of political parties and delimited their constitutional power to determine membership and nominate candidates.

The section 77(5) of the Electoral Act, which the party contested, stipulates that only persons whose names are included in the register submitted to INEC not later than 21 days before the date set for primaries, congresses or conventions would be eligible to vote.

Sub-section (6) of section 77 also provides that a political party shall not use any register other than the one submitted to INEC for party primaries, congresses, and conventions.

According to sub-section (7) of the Act, political party that fails to submit the membership register within the stipulated time shall not be eligible to field a candidate for the election.

Section 84(2) also limits the means by which political parties can choose candidates for elections, providing that the procedure for the nomination of candidates by political parties for the various elective positions shall be by direct primaries or consensus.