The Court of Appeal in Abuja has declared Sections 77(5), 77(6), 77(7), and 84(2) of the Electoral Act 2026 unconstitutional, ruling that the provisions conflict with the 1999 Constitution.
In a unanimous judgment delivered on Thursday, the appellate court held that legislation cannot impose additional restrictions on individuals or political parties beyond those already provided by the Constitution.
The panel, led by Justice Balkisu Bello Aliyu, ruled that Sections 177 and 182 of the 1999 Constitution already outline the qualifications and disqualifications for candidates seeking elective offices, making any conflicting provisions in the Electoral Act invalid.
The court also ruled that Section 84(2) of the Electoral Act, which limited political parties to conducting either direct primaries or adopting the consensus method for selecting candidates, amounted to undue interference in the internal affairs of political parties.
According to the court, the National Assembly cannot enact laws that restrict constitutional powers already granted to political parties.
However, the appellate court clarified that it did not invalidate the entire Sections 77 and 84 of the Electoral Act. It maintained that provisions requiring political parties to keep and submit membership registers remain valid and enforceable.
The case arose after a political party challenged the legality of the affected provisions, arguing that they infringed on the constitutional rights of political parties to determine how they conduct their internal processes. Although the suit was initially dismissed by the Federal High Court, the Court of Appeal overturned key aspects of that decision.
In a separate ruling delivered on the same day, another panel of the Court of Appeal upheld the timetable issued by the Independent National Electoral Commission (INEC) for the conduct of party primaries and the nomination of candidates ahead of the 2027 general elections.
The appellate court ruled that the party challenging INEC’s election timetable lacked the legal authority to institute the case, thereby affirming the validity of the commission’s guidelines for the upcoming elections.
