Court of Appeal strikes down Electoral Act sections limiting party nominations ahead of 2027 elections
Court of Appeal in Abuja struck down sections 77 and 84 of Nigeria's Electoral Act as unconstitutional, specifically voiding subsection 84(2) that restricted political parties to direct primaries or consensus for candidate nominations. The ruling also invalidated provisions setting timeframes for parties to submit membership registers to INEC, though the core requirement to submit registers remains intact per Justice Nyesom-Wike's clarification that only specific subsections were affected, not the entire sections.
This ruling comes ahead of the 2027 general elections and directly impacts how political parties select candidates - parties now have broader flexibility to use indirect primaries or consultation methods beyond just direct primaries or consensus. The decision came the same day another Court of Appeal panel overturned Justice Umar of the Federal High Court's earlier ruling that had invalidated INEC's guidelines for the 2027 elections.
Parties must still submit membership registers to INEC but without strict deadline pressure. This shifts power back to parties in candidate selection while maintaining INEC's oversight role. With 2027 campaigning already building, will parties now embrace more inclusive nomination processes or stick to familiar direct primaries despite newfound flexibility?