The court of appeal in Abuja has voided sections 77(5), (6), (7), and 84(2) of the Electoral Act 2026 for being inconsistent with certain provisions of the 1999 Constitution.
In a unanimous decision on Thursday, the court ruled that a subsidiary law cannot disqualify an individual already deemed qualified by the constitution.
The panel was led by Justice Balkisu Bello Aliyu, while the lead judgment was delivered by Justice Eberechi Nyesom-Wike.
The appellate court held that sections 177 and 182 of the 1999 Constitution already listed the qualifying and disqualifying conditions for political parties and candidates in an election.
The appellate court ruled that the national assembly cannot impose restrictions on the powers of political parties already guaranteed by the constitution.
The court held that section 84(2) of the Electoral Act 2026 is unconstitutional since the provision seeks to limit political parties to direct primaries
