INEC ZLP electoral dispute
The Supreme Court has reserved judgment in a major electoral dispute between the Independent National Electoral Commission and the Zenith Labour Party over provisions of the Electoral Act 2026 regulating political-party membership registers and the conduct of party primaries.
The outcome of the INEC ZLP electoral dispute could have consequences beyond the two parties before the court, particularly as political parties intensify preparations for Nigeria’s 2027 general elections.
A seven-member panel of the Supreme Court, led by Justice Adamu Jauro, reserved judgment after hearing arguments from INEC and the Zenith Labour Party.
The appeal, marked SC/CR/495/2026, was brought by INEC against a decision of the Court of Appeal which invalidated provisions of the Electoral Act dealing with membership registers and methods for nominating political candidates.
Justice Jauro said the date for judgment would be communicated to the parties.
The Supreme Court must now determine whether the Court of Appeal was correct in voiding the disputed provisions or whether the statutory requirements challenged by the ZLP should remain enforceable.
How the INEC ZLP electoral dispute began
The INEC ZLP electoral dispute originated at the Federal High Court in Abuja.
The Zenith Labour Party filed Suit No. FHC/ABJ/509/2026 challenging provisions of the Electoral Act 2026 which it argued were inconsistent with Nigeria’s 1999 Constitution.
At the centre of the dispute are Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act 2026.
Sections 77(5), 77(6) and 77(7) deal with requirements surrounding political parties’ membership registers.
Section 84(2), meanwhile, deals with methods through which political parties nominate candidates, including direct primaries or consensus arrangements.
ZLP argued that the provisions amounted to unconstitutional interference in the internal administration of political parties.
Its case relied partly on Sections 221 and 222 of the 1999 Constitution, which provide aspects of the constitutional framework governing political parties.
The Federal High Court did not accept the party’s case.
Justice Mohammed Umar dismissed the action on May 5, 2026.
ZLP subsequently appealed.
Court of Appeal partly backs ZLP
The INEC ZLP electoral dispute took a significant turn when the case reached the Court of Appeal in Abuja.
In Appeal No. CA/ABJ/CV/750/2026, the ZLP challenged the Federal High Court decision.
On July 16, 2026, the Court of Appeal allowed the appeal in part and voided the provisions concerning party membership registers and primaries.
That decision changed the legal landscape of the dispute.
Rather than allowing the appellate decision to stand, INEC approached the Supreme Court.
The electoral commission is asking Nigeria’s highest court to determine whether the Court of Appeal correctly interpreted the relationship between the Electoral Act and the constitutional autonomy of political parties.
The Supreme Court’s eventual decision will be final on the issues presented in the appeal.
Why party membership registers matter
One of the most important aspects of the INEC ZLP electoral dispute concerns political-party membership registers.
On the surface, maintaining a list of party members may appear to be a routine administrative matter.
In practice, membership registers can become extremely important during candidate-selection disputes.
Questions about who qualifies as a legitimate party member can affect who participates in primaries, who votes during internal party processes and whether individuals claiming membership actually satisfy the party’s requirements.
Disputed membership records can consequently become evidence in litigation arising from primary elections.
Nigeria has experienced numerous pre-election cases in which politicians challenge the processes through which parties select candidates.
Rules governing membership records therefore have implications for internal party administration and electoral litigation.
The Supreme Court’s interpretation of the disputed provisions could clarify the extent to which legislation can impose requirements concerning those records.
https://ogelenews.ng/supreme-court-reserves-judgment-in-inec-zlp-battle-…
Party primaries also at centre of battle
Candidate selection is the second major element of the INEC ZLP electoral dispute.
Political parties are the vehicles through which candidates contest most elections in Nigeria.
Before voters choose among candidates in a general election, political parties must first decide who will represent them.
That makes party primaries one of the most consequential stages of the electoral process.
The disputed Section 84(2) concerns the methods available to political parties when selecting candidates.
ZLP’s challenge raises a broader constitutional question: how far can legislation prescribe the manner in which political parties organise their internal nomination processes?
On one side of that argument is the need for transparent and legally regulated candidate-selection procedures.
On the other is the constitutional autonomy political parties claim over their internal affairs.
The Supreme Court will have to resolve the legal issues presented by the parties rather than the political merits of either position.
Judgment could shape preparations for 2027
The timing of the INEC ZLP electoral dispute makes the case particularly significant.
Nigeria is moving deeper into preparations for the 2027 general elections.
Political parties are organising structures, selecting candidates and preparing for primaries.
INEC must simultaneously administer the electoral process within the legal framework established by the Constitution, electoral legislation and binding court decisions.
Uncertainty over rules governing membership registers or nomination procedures can create difficulties for both the commission and political parties.
A definitive Supreme Court judgment could therefore provide important legal guidance before the electoral process advances further.
However, the precise consequences will depend on the reasoning and orders contained in the judgment when delivered.
Until then, it would be premature to conclude that either INEC or ZLP has ultimately prevailed.
ZLP remains recognised by INEC
The Zenith Labour Party remains listed by INEC among Nigeria’s recognised political parties.
INEC’s current party information identifies Chief Dan Nwanyanwu as ZLP National Chairman and Yahaya Makama as National Secretary.
That point is important because the present Supreme Court appeal should not be confused with separate litigation concerning the deregistration of political parties.
ZLP has been involved in other electoral litigation in 2026, including proceedings involving attempts to deregister it alongside other political parties.
Those proceedings involve different legal questions.
In June, a Federal High Court ordered the deregistration of five parties, including the Zenith Labour Party, African Democratic Congress, Accord, Action Alliance and Action Peoples Party.
That decision subsequently went before the Court of Appeal.
The current INEC ZLP electoral dispute, however, concerns provisions of the Electoral Act governing membership registers and party primaries.
Keeping the cases separate is essential to accurate reporting.
Supreme Court faces important constitutional questions
The significance of the case ultimately lies in the relationship between three important components of Nigeria’s electoral system: the Constitution, the Electoral Act and the internal autonomy of political parties.
The National Assembly has authority to enact electoral legislation.
INEC has constitutional and statutory responsibilities for administering elections.
Political parties, meanwhile, operate within constitutional provisions governing their formation and activities.
Disputes emerge when one party argues that legislation has crossed the boundary between legitimate electoral regulation and unconstitutional interference with internal party affairs.
That is essentially the legal territory the Supreme Court is being asked to navigate in the INEC ZLP electoral dispute.
Its judgment could clarify where that boundary lies.
All eyes now on Supreme Court judgment
For now, neither side can claim final victory.
The Federal High Court initially rejected ZLP’s challenge, while the Court of Appeal subsequently accepted part of the party’s case and voided the disputed provisions.
INEC has now asked the Supreme Court to overturn that appellate decision.
The apex court has heard the arguments and reserved judgment.
When the decision is eventually delivered, lawyers, political parties, election administrators and politicians are likely to study not merely who won or lost, but the court’s reasoning on party autonomy, membership documentation and candidate nomination.
That reasoning could become particularly important as disputes emerge from party primaries ahead of the 2027 elections.
For that reason, the INEC ZLP electoral dispute is more than another courtroom disagreement between a political party and the electoral commission.
It is a test of how Nigeria balances the regulatory powers of electoral institutions against the constitutional space available to political parties to manage their own affairs.
The Supreme Court will have the final word.
https://punchng.com/scourt-reserves-judgment-in-zlp-inec-electoral-dispute
