From Victor Osula, Abuja
The Nigeria Democratic Congress (NDC) has asked the Federal High Court in Abuja to void key provisions of the Electoral Act, 2026, placing the legislation on trial over alleged inconsistencies with the 1999 Constitution (as amended).
In the suit marked FHC/ABJ/CS/635/2026, the party is specifically challenging Sections 138 and 77(5) of the new law, contending that they undermine constitutional safeguards on candidate eligibility and citizens’ rights to political participation.
The defendants in the case are the Attorney-General of the Federation, the Clerk of the National Assembly, Senate President Godswill Akpabio, and the Independent National Electoral Commission (INEC).
Through its counsel, Vincent Ottaokpukpu, the NDC is asking the court to determine whether the exclusion of “qualification” as a ground for challenging election results under Section 138 contradicts express provisions of the Constitution, which set out eligibility criteria for elective offices ranging from the National Assembly to the presidency.
The party argues that by removing qualification as a basis for election petitions, the Electoral Act, 2026, effectively shields potentially unqualified candidates from post-election legal scrutiny, despite the Constitution retaining clear requirements for eligibility.
It further contends that the omission marks a departure from previous electoral frameworks, where qualification formed a core ground for contesting election outcomes.
On Section 77(5), the NDC is challenging the provision that restricts participation in party primaries to individuals whose names appear in a political party’s digital membership register submitted to INEC at least 21 days before the primary election.
The party maintains that the Constitution guarantees freedom of association and does not prescribe any minimum duration of party membership as a condition for contesting elections.
It argued that the provision could disenfranchise aspirants who change parties due to disputes arising from internal party primaries—a recurring feature of Nigeria’s political landscape.
In its reliefs, the NDC is seeking a declaration that the disputed provisions are null and void, as well as an order directing the National Assembly to amend and re-enact the law to restore qualification as a ground for election petitions in line with constitutional provisions.
An affidavit filed in support of the suit states that the NDC, which was registered by INEC on February 5, intends to field candidates in future elections, including the presidency, and is directly affected by the provisions of the new law.
The deponent noted that previous electoral laws recognised qualification as a valid ground for challenging election outcomes and expressed concern that its removal creates a legal inconsistency, given that the Constitution has not been amended to alter eligibility requirements for public office.
At the resumed hearing on Thursday, counsel to the NDC and INEC were present in court. However, no legal representatives appeared for the Attorney-General, the National Assembly, or the Senate President.
Court records confirmed that the defendants had been duly served with the originating processes and hearing notices on April 20.
Justice Mohammed Umar subsequently adjourned the matter to May 7 to allow the defendants time within the statutory period to respond.
