Nigerian court voids Electoral Act provisions on party primaries

Nigeria's Court of Appeal in Abuja has struck down critical provisions of the Electoral Act that governed political party membership registers and candidate nomination methods. The appellate court declared these sections unconstitutional, finding them to be in conflict with the 1999 Constitution.

A three-member panel, led by Justice Balkisu Aliyu, unanimously supported the appeal filed by the Zenith Party. This decision overturns a previous judgment by the Federal High Court, which had dismissed the party's suit. The court asserted that the National Assembly cannot introduce restrictions through an Act of Parliament that contradict the powers already granted to political parties by the Constitution.

The court emphasized that Sections 221 and 222 of the Constitution recognize political parties as the entities responsible for sponsoring candidates and managing their internal affairs. It ruled that the Electoral Act cannot impose additional conditions beyond those prescribed by the Constitution for elective offices, thereby restricting qualified individuals from participating in party primaries.

The appeal originated from a Federal High Court ruling that dismissed the Zenith Party's challenge. The party had argued that the disputed provisions unlawfully interfered with their internal administration and curtailed their constitutional rights to determine membership and nominate candidates. The appellate court specifically nullified provisions requiring party members' names to be on registers submitted to the Independent National Electoral Commission (INEC) to vote or be voted for in primaries, and those prohibiting parties from using registers other than those submitted to INEC.