By Peace Erewunmi

The Court of Appeal sitting in Abuja has declared key provisions of the Electoral Act 2026 unconstitutional, ruling that they infringe on the constitutional powers of political parties to manage their internal affairs and nominate candidates for elections.

In a unanimous judgment delivered by a three-member panel led by Justice Balkisu Bello Aliyu, the appellate court nullified Sections 77(5), 77(6), 77(7), and 84(2) of the Electoral Act 2026. The lead judgment, delivered by Justice Eberechi Nyesom-Wike, held that the provisions conflict with Sections 221 and 222 of the 1999 Constitution (as amended), which vest political parties with the authority to sponsor candidates and regulate their internal affairs.

The judgment followed an appeal filed by the Zenith Party (ZP) after the Federal High Court in Abuja dismissed its suit challenging the constitutionality of the disputed provisions. The appellate court set aside the lower court’s decision, agreeing that the National Assembly cannot impose statutory restrictions that contradict constitutional guarantees.

Among the affected provisions was Section 77(5), which required only party members whose names appeared on a membership register submitted to the Independent National Electoral Commission (INEC) at least 21 days before party primaries to vote during the exercise. The court also struck down Section 84(2), which prescribed direct primaries or consensus as the methods for nominating candidates, ruling that such restrictions amount to an unconstitutional interference in the affairs of political parties.

The decision is expected to have significant implications for political party primaries and candidate nominations ahead of the 2027 general election, as it reinforces the constitutional autonomy of political parties while limiting the scope of legislative regulation over their internal processes.