Landmark Judgment Declares Key Sections of Electoral Act 2022 Unconstitutional 
The Court of Appeal has declared unconstitutional key provisions of Nigeria's Electoral Act 2022 relating to political party primaries and the submission of party membership registers to the Independent National Electoral Commission (INEC).
In a landmark judgment delivered in Abuja, the appellate court held that the National Assembly exceeded its constitutional powers by enacting provisions that empower INEC to regulate aspects of the internal affairs of political parties, including the conduct of party primaries and the management of membership registers. The court ruled that those matters fall within the exclusive domain of political parties, as guaranteed by the Nigerian Constitution.
Specifically, the court nullified provisions of the Electoral Act that required political parties to submit their membership registers to INEC and those that granted the electoral commission oversight functions relating to party primaries beyond what is expressly provided for under the Constitution.
According to the appellate court, while INEC has constitutional responsibility for supervising elections and monitoring compliance with electoral laws, it cannot interfere with the internal administration of political parties except where such powers are explicitly provided by the Constitution.
The judgment arose from a legal challenge filed against the disputed sections of the Electoral Act, with the applicants arguing that the provisions infringed on the constitutional right of political parties to manage their internal affairs independently.
In its decision, the Court of Appeal agreed with the applicants, holding that the National Assembly cannot, through legislation, expand INEC's constitutional powers beyond those specifically outlined in the Constitution.
Legal experts say the ruling could have significant implications for the conduct of future party primaries and candidate selection processes ahead of subsequent elections, including preparations for the 2027 general elections.
The judgment is expected to generate debate among political stakeholders, constitutional lawyers and electoral reform advocates over the balance between strengthening electoral transparency and preserving the autonomy of political parties.
Although the decision nullifies the affected provisions of the Electoral Act, legal analysts note that the ruling may still be subject to further judicial review if appealed to the Supreme Court, which would have the final authority on the constitutional issues involved.
The Independent National Electoral Commission has not yet issued an official response to the judgment. Political parties and other stakeholders are expected to carefully examine the implications of the ruling for ongoing and future electoral processes.
The decision represents one of the most significant judicial interpretations of the Electoral Act since its enactment in 2022 and is likely to influence discussions on electoral reforms, party governance and constitutional law in Nigeria.