When Supreme Court Speaks, Politics Must Follow The Law

In September 2026, the Supreme Court ruled in favor of the Independent National Electoral Commission (INEC) in a dispute involving Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act 2026. The Court overturned the decision of the Court of Appeal and reinstated the Federal High Court's judgment, which found that these provisions were not unconstitutional.

The Supreme Court's decision did not create these provisions into law, as they were enacted by the National Assembly. However, the Court clarified that these provisions are not unconstitutional on the grounds they were initially challenged. This distinction is crucial, as it means the provisions remain part of the law governing Nigeria's electoral process.

The judgment specifically upheld Sections 77(5), (6) and (7), as well as Section 84(2), all of which are seen as consistent with the 1999 Constitution. Section 228(a) of the Constitution grants the National Assembly the power to enact laws for internal party democracy, including regulations on party primaries, congresses and conventions.

While the autonomy of political parties is recognized, it is not absolute and operates within the framework of the Constitution and valid legislation. The Supreme Court's decision must be respected, as it is the highest court in the land. Lower courts must now enforce the Supreme Court's decision, which sets aside the Court of Appeal's earlier ruling.

The ruling has significant implications for political parties, particularly in how they handle membership registers and candidate nominations. Parties must ensure their procedures comply with the Electoral Act, as statutory requirements cannot be disregarded based on political convenience.