Justice Eberechi Nyesom-Wike, wife of the Minister of the Federal Capital Territory (FCT), Nyesom Wike, on Thursday delivered the lead judgment of the Court of Appeal that struck down key provisions of the Electoral Act 2026, declaring them unconstitutional for imposing restrictions not provided for in the 1999 Constitution.
The unanimous judgment, delivered by a three-member panel led by Justice Balkisu Bello Aliyu, voided Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act 2026, describing the affected provisions as inconsistent with the Constitution.
Justice Nyesom-Wike, who read the lead judgment, held that the National Assembly cannot enact laws that impose qualifications or restrictions beyond those already contained in the Constitution.
The appellate court ruled that Sections 177 and 182 of the 1999 Constitution comprehensively spell out the qualifications and disqualifications for candidates seeking elective offices, adding that any attempt to introduce additional conditions through legislation is unconstitutional.
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According to the court, a subsidiary law cannot invalidate the constitutional rights already guaranteed to political parties and aspirants.
A major aspect of the judgment was the nullification of Section 84(2) of the Electoral Act, which provides that political parties can only nominate candidates through direct primaries or consensus.
The court held that the provision amounted to undue interference in the internal affairs of political parties, stressing that the Constitution guarantees parties the freedom to determine how they select their candidates.
The appellate court also struck down Sections 77(5), (6) and (7), which required only members whose names appear in membership registers submitted to the Independent National Electoral Commission (INEC) to vote or be voted for during party primaries.
The affected provisions also barred political parties from using any membership register other than the one submitted to INEC and prohibited parties that failed to submit their registers within the stipulated period from fielding candidates in elections.
However, the court clarified that it did not invalidate the entirety of Sections 77 and 84 of the Electoral Act.
It held that provisions requiring political parties to maintain membership registers remain valid, as they do not conflict with the Constitution.
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The judgment followed an appeal filed by the Zenith Party (ZP), which challenged the legality of the provisions after the Federal High Court in Abuja dismissed its suit in May.
The party had argued that the Electoral Act unlawfully curtailed the constitutional powers of political parties to regulate their internal affairs and determine how candidates are nominated.
The Court of Appeal agreed with the appellant, holding that while the National Assembly has powers to make electoral laws, such powers cannot override constitutional guarantees granted to political parties.
The ruling is expected to have significant implications for the conduct of party primaries and candidate nominations ahead of the 2027 general elections, as it restores greater discretion to political parties over their internal electoral processes.
The judgment came on the same day another panel of the Court of Appeal upheld the Independent National Electoral Commission’s timetable for the conduct of party primaries and nomination of candidates for the 2027 elections, overturning an earlier Federal High Court decision that had nullified the schedule. Together, the two landmark rulings have reshaped the legal framework guiding preparations for the next general election.
