From Victor Osula, Abuja
The Federal High Court sitting in Abuja, on Monday, adjourned a suit filed by the Nigeria Democratic Congress (NDC) seeking to nullify Sections 138 and 77(5) of the Electoral Act, 2026, until June 9 for hearing.
The matter, which was scheduled for a hearing before Justice Mohammed Umar, could not proceed following the judge’s absence from court due to another official engagement.
Although counsel to the plaintiff, Vincent Ottaokpukpu, and lawyers representing the defendants, including O.J. Opawale, were present in court, the case was stalled and subsequently adjourned.
Justice Umar had earlier fixed May 25 for a hearing after the matter came up on May 8.
The NDC, a political party registered by the Independent National Electoral Commission (INEC) on February 5, instituted the suit marked FHC/ABJ/CS/635/2026, challenging the constitutionality of specific provisions of the newly enacted Electoral Act, 2026.
Listed as defendants in the suit are the Attorney-General of the Federation (AGF), the Clerk of the National Assembly, Senate President Godswill Akpabio, and INEC.
In the originating summons filed on March 27 by Ottaokpukpu, the party is asking the court to strike down Section 138 of the Electoral Act, 2026, on the grounds that it allegedly conflicts with several provisions of the 1999 Constitution (as amended) relating to qualification and disqualification criteria for elective offices.
The plaintiff argued that the provision unlawfully removed “qualification” as a ground for challenging the election of candidates into offices such as president, governor, Senate, House of Representatives and state Houses of Assembly.
The NDC is therefore seeking an order compelling the National Assembly and relevant authorities to amend and re-enact a new provision restoring qualification as a valid basis for election petitions in line with constitutional provisions.
The party is also contesting Section 77(5) of the Electoral Act, 2026, which stipulates that only party members whose names appear in the digital membership register submitted to INEC at least 21 days before a primary election or convention would be eligible to participate in such primaries.
According to the NDC, the section violates constitutional guarantees of freedom of association and eligibility for political participation, arguing that the Constitution does not prescribe any minimum duration of political party membership before a citizen can contest elections.
In an affidavit supporting the suit, a litigation secretary in the law firm of V-C Ottaokpukpu & Associates, Ezechi Adaobi, stated that the NDC, as a stakeholder in Nigeria’s democratic process, intends to field candidates in future elections, including the presidential poll.
She averred that the National Assembly passed the Electoral Act, 2026, on February 18, and that President Bola Tinubu assented to it the following day upon the recommendation of the AGF.
Adaobi further stated that the party’s national legal adviser observed that Section 77(5) could disenfranchise politicians who defect to other parties shortly before elections after disputes arising from party primaries.
“From experience, members who are dissatisfied with the conduct of primaries in their respective parties usually seek refuge in other parties to enable them to participate in the general elections”, she stated.
She urged the court to grant the reliefs sought in the interest of justice and constitutional compliance.
However, INEC, in a counter-affidavit filed on April 27, opposed the suit and defended the legality of the Electoral Act, 2026.
The commission maintained that the National Assembly had validly enacted the law in accordance with constitutional procedures and that President Tinubu’s assent made it binding across the federation.
INEC argued that Section 77(5) does not infringe on citizens’ constitutional rights to form, join or participate in political parties.
The electoral body further stated that its timetable for party primaries, fixed between April 23 and May 30, provides a 38-day window for political parties to conduct primaries and resolve disputes, in compliance with the Electoral Act and constitutional requirements.
INEC, therefore, urged the court to dismiss the suit.
