Whether a Political Party’s Constitution Can Limit the Exercise of NASS’s Legislative Power

In the Supreme Court of Nigeria, a case heard on September 24, 2026, heard arguments regarding the constitutionality of certain provisions in the Electoral Act 2026 and their impact on the National Assembly's legislative power. The Respondent, a registered political party, challenged Section 77(5)(6)(7) and Section 84(2) of the Electoral Act, as well as Activity Number 2 of the Appellant's Revised Timetable and Schedule for the 2027 General Election.

The Appellant contended that the Court of Appeal lacked jurisdiction to entertain the Respondent's appeal, as the suit did not properly name the National Assembly as a necessary party. They argued that the non-joinder rendered the suit incompetent and deprived the court of jurisdiction.

The Respondent, however, maintained that the suit targeted the Appellant and its directives under Sections 77(4)-(7) and 84(2) of the Electoral Act, not the National Assembly. They argued that challenging the constitutional validity of these provisions does not necessarily imply a challenge to the National Assembly's authority.

The court determined the appeal on several issues, including whether the provisions in question conflicted with the Constitution of the Federal Republic of Nigeria, 1999, particularly in relation to qualification for elective office. The court also examined the interpretation of Section 84(2) of the Electoral Act and the validity of the Appellant's revised timetable and schedule for the 2027 general election.

The Appellant argued that the provisions in question were constitutional and did not infringe upon the National Assembly's legislative power. The Respondent, on the other hand, maintained that these provisions were unconstitutional and restricted the National Assembly's ability to regulate party primaries and disqualify individuals who joined another party after the deadline for submitting the membership register.