The Supreme Court’s latest ruling on the Electoral Act 2026 has raised the legal stakes for political parties and candidates ahead of the 2027 general elections, with constitutional lawyer Jirgba Terfa Jirgba warning that party membership registers and nomination procedures could become decisive in future election disputes.
The apex court on Thursday, September 24, upheld an appeal by the Independent National Electoral Commission (INEC) and restored Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act 2026, which had been nullified by the Abuja Division of the Court of Appeal. A seven-member panel led by Justice Adamu Jauro held that the provisions were not inconsistent with the 1999 Constitution.
TNT understands that the judgment also set aside the Court of Appeal’s July 16 decision and restored the Federal High Court judgment dismissing the constitutional challenge brought by the Zenith Labour Party (ZLP). The Supreme Court further awarded N2m costs against the party.
Reacting to the development, Jirgba said the ruling had effectively introduced a new legal test for the 2027 elections, particularly for politicians who move from one political party to another after losing or failing to secure nominations.
According to Jirgba, the question will no longer be merely whether a politician has defected to another party, but whether the person was properly registered as a member of the new party, whether the party submitted its membership register to INEC within the statutory period and whether the candidate emerged through a nomination process recognised by law.
Section 77(5) provides that only persons whose names appear on the membership register submitted to INEC within the prescribed period may participate in the relevant primaries, congresses or conventions. Section 77(6) bars parties from using a different register, while Section 77(7) provides consequences for failure to submit the register as required. Section 84(2) recognises direct primaries or consensus for candidate nomination.
Jirgba said the implication could be significant for the PDP, Wike’s political structure and other opposition parties, particularly where aspirants or politicians who were unsuccessful in one party’s nomination process subsequently crossed to another party.
“The Supreme Court has therefore moved the 2027 political contest further into the territory of strict statutory compliance,” Jirgba said, stressing that the coming months could see the membership status of candidates, party registers and nomination procedures become major issues before INEC and, where challenged, the courts.
The ruling follows a legal battle that began at the Federal High Court after ZLP challenged the provisions as unconstitutional. The trial court dismissed the suit in May, the Court of Appeal partly upheld ZLP’s case in July, and INEC subsequently appealed to the Supreme Court.
