Appeal Court voids Electoral Act provisions on party primaries and membership registers

The Court of Appeal in Abuja has invalidated several sections of the Electoral Act 2026, ruling them unconstitutional. A three-member panel, led by Justice Balkisu Aliyu, unanimously allowed an appeal filed by the Zenith Party, overturning a previous Federal High Court judgment. The court declared Sections 775, 776, 777, and 842 of the Electoral Act unconstitutional, stating that the National Assembly cannot impose restrictions on political parties that conflict with their constitutional powers. The court emphasized that Sections 221 and 222 of the Constitution recognize political parties as responsible for sponsoring candidates and managing internal affairs. It held that the Electoral Act cannot introduce additional conditions that restrict qualified individuals from participating in party primaries when the Constitution already prescribes qualifications. Specifically, Section 775, which required only members on the submitted register to vote or be voted for in primaries, was deemed to unlawfully restrict parties' power to regulate membership. Section 776, prohibiting parties from using any other membership register, was also invalidated for giving excessive control to the electoral umpire. Section 777, which barred parties failing to submit registers from fielding candidates, was struck down for depriving parties of their constitutional right to sponsor candidates. Additionally, Section 842, limiting parties to direct primaries or consensus for candidate nomination, was dec