Court of Appeal Strikes Down Electoral Act Rules on Party Membership and Primaries

The Court of Appeal in Abuja has invalidated key sections of the Electoral Act 2026 that regulated party membership registers and set strict rules on how parties nominate candidates. In a unanimous ruling, a three-member panel held that Sections 77(5), (6), (7) and 84(2) conflict with constitutional provisions granting parties autonomy over their internal affairs. The judges ruled these statutory limits on membership registers and prescribed primary methods were unconstitutional. The appeal followed the Zenith Party’s challenge after the Federal High Court dismissed its suit. The appellate court found that the National Assembly overstepped by trying to impose additional conditions on parties and candidates beyond what the Constitution allows. The judgment confirms that parties manage continuous membership registration and choose any primary method—direct, indirect or consensus—without extra statutory hurdles ahead of the 2027 polls.

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