The member representing Langtang North Central Constituency in the Plateau State House of Assembly, Pastor Nanbol Listick, has described the Court of Appeal’s decision striking out key provisions of the Electoral Act 2026 as a major victory for democracy in Nigeria.
Listick, in a statement issued while analysing the implications of the judgment, said the ruling restores the constitutional rights of political parties to determine their membership registers and candidate nomination processes ahead of the 2027 general elections.
The lawmaker expressed optimism that the judgment would stand if challenged at the Supreme Court, noting that it reinforces the principles of constitutional democracy and freedom of association.
“This is another victory for democracy in Nigeria if sustained by the Supreme Court or allowed to stand as it is,” Listick stated.
The Court of Appeal, sitting in Abuja on Thursday, declared Sections 77(5), 77(6), 77(7), and 84(2) of the Electoral Act 2026 unconstitutional, ruling that the provisions infringed on the constitutional autonomy of political parties.
The case arose from a suit filed by the Zenith Party (ZP), which argued that the affected sections violated the constitutional rights of political parties guaranteed under Sections 221 and 222 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
In its judgment, the appellate court agreed with the party’s position, holding that the National Assembly lacked the constitutional authority to impose restrictions on political parties beyond the qualifications and disqualifications expressly provided by the Constitution.
According to Listick, the judgment reaffirmed the supremacy of the Constitution, stressing that Section 1(3) clearly provides that any law inconsistent with the Constitution is null and void to the extent of its inconsistency.
He explained that the court also held that the Electoral Act overreached by prescribing rigid timelines for the submission of party membership registers and limiting how parties could nominate candidates, matters which the Constitution reserves for the internal administration of political parties.
The lawmaker further noted that the ruling clarified that the Independent National Electoral Commission (INEC) has a regulatory role in conducting elections but should not interfere in the internal management and administration of political parties.
He said the immediate implication of the judgment is that political parties now have greater flexibility in updating their membership registers and conducting primaries without being constrained by the previously mandatory 21-day register submission requirement.
Listick also observed that parties would no longer be disqualified from fielding candidates over administrative lapses relating to the submission of membership registers, while aspirants who joined political parties shortly before primaries could now have an opportunity to participate.
On candidate nominations, he said the judgment restores the constitutional right of political parties to determine their preferred mode of selecting candidates, including indirect primaries and other lawful methods, instead of being restricted to specific options under the Electoral Act.
While describing the ruling as a significant boost to party autonomy and constitutional governance, the legislator cautioned that the increased freedom could also create challenges, including internal disputes over membership eligibility, candidate selection, and reduced external oversight capable of ensuring transparency.
He concluded that the judgment draws a clear constitutional boundary between INEC’s responsibility to regulate elections and the internal affairs of political parties, while urging Nigerians to watch developments should the matter proceed to the Supreme Court for final determination.
