Electoral Act: Supreme Court Takes Action in ZLP, INEC Case

The Supreme Court has reserved judgment in a dispute between the Zenith Labour Party and the Independent National Electoral Commission over parts of the Electoral Act 2026.

The case concerns provisions on political party primaries and membership registers.

A seven-man panel, led by Justice Adamu Jauro, heard INEC’s appeal against a Court of Appeal judgment that voided some of the provisions.

“This matter is now reserved for judgment, at a date to be communicated to the parties,” Justice Jauro said on Wednesday.

The case, marked SC/CR/495/2026, began at the Federal High Court in Abuja. The ZLP had challenged the provisions, arguing that they conflicted with the 1999 Constitution and interfered with the internal affairs of political parties.

The Federal High Court case, marked FHC/ABJ/509/2026, was dismissed by Justice Mohammed Umar on May 5, 2026.

The ZLP then appealed to the Abuja Division of the Court of Appeal in a case marked CA/ABJ/CV/750/2026.

On July 16, 2026, the Court of Appeal partly allowed the appeal and voided provisions relating to political party primaries and membership registers. INEC later appealed the decision to the Supreme Court.

The disputed provisions are Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act 2026.

Sections 77(5), 77(6) and 77(7) concern political party membership registers. Section 84(2) provides for direct primaries or consensus in the selection of party candidates.

The ZLP argued that the provisions exceeded constitutional limits and unlawfully interfered with political parties’ affairs. The party relied, among other provisions, on Sections 221 and 222 of the 1999 Constitution, which set out the constitutional framework for political parties.

After the Federal High Court dismissed the suit, the ZLP appealed, leading to the Court of Appeal judgment that partly upheld its case and nullified the disputed provisions.

INEC, dissatisfied with that decision, filed the appeal before the Supreme Court. The commission is the appellant, while the ZLP is the respondent.

The Supreme Court will decide whether the Court of Appeal was right to void the provisions or whether the requirements imposed by the Electoral Act should remain enforceable.

The dispute comes as political parties prepare for the 2027 general elections. The Electoral Act 2026 replaced the Electoral Act 2022 and introduced changes to several aspects of the electoral process, including party primaries.

A separate legal dispute involving the African Democratic Congress is also pending before the Federal High Court in Abuja.

The suit, filed by ADC member Nafiu-Bala Gombe, seeks to stop former Senate President David Mark, former Osun State Governor Rauf Aregbesola and members of the party’s interim National Working Committee from presenting themselves as the lawful leaders of the party.

The case, marked FHC/ABJ/CS/1819/2025, was adjourned to September 28 after it could not proceed on September 14 because the presiding judge, Justice Peter Lifu, was unavailable. Gombe is challenging the process that produced Mark and Aregbesola as leaders, arguing that it breached the ADC constitution and the Electoral Act.

The ADC leadership dispute has also reached the Supreme Court. On April 30, the apex court set aside a Court of Appeal order directing the parties to maintain the status quo in the dispute and ordered that the substantive case before the Federal High Court should proceed.

INEC subsequently restored Mark and Aregbesola to its records as the party’s National Chairman and National Secretary.