From Victor Osula, Abuja
The Senate on Thursday passed the 2026 Electoral Act Amendment Bill, marking a major legislative intervention aimed at resolving long-standing jurisdictional conflicts in the adjudication of pre-election disputes and strengthening legal certainty in Nigeria’s electoral process.
The passage followed the consideration of the report of the Senate Committee on the Independent National Electoral Commission (INEC), presented at plenary by the committee chairman, Simon Lalong.
The amendment bill is designed to address persistent gaps, inconsistencies, and procedural delays in the determination of pre-election matters, particularly disputes arising from party primaries, candidate nominations, and electoral qualifications.
Leading the debate, Lalong said the reform was necessary to eliminate uncertainty surrounding court jurisdiction, which has for years generated conflicting judicial decisions and contributed to delays in the resolution of electoral disputes.
He explained that the credibility of elections depends not only on the conduct of voting but also on the integrity of the legal processes that precede them, including the determination of who qualifies to contest.
According to him, ambiguity in jurisdiction has led to forum shopping, contradictory rulings from courts of coordinate jurisdiction, and unnecessary constitutional tensions that weaken public confidence in the judiciary.
“The legitimacy of candidates and the integrity of party primaries are foundational pillars of representative democracy.
“Where the legal framework regulating pre-election disputes is uncertain or conflicting, the entire electoral architecture becomes vulnerable to confusion, contradictory judgments and avoidable delays,” Lalong said.
The bill specifically amends Section 29 of the Electoral Act and introduces a new Section 29A, which clearly defines the courts with jurisdiction over pre-election matters across different levels of elections.
Under the new framework, aspirants may institute pre-election cases either in the Federal Capital Territory or within the jurisdiction where the cause of action arises, a provision lawmakers described as improving access to justice and reducing litigation hardship.
More significantly, the amendment establishes a structured jurisdictional hierarchy: pre-election matters relating to National Assembly, governorship, and State Houses of Assembly elections are to originate at the Federal High Court, with appeals proceeding to the Court of Appeal.
For presidential and vice-presidential disputes, the bill assigns original jurisdiction to the Court of Appeal, with final appeals lying at the Supreme Court, a design lawmakers say reflects the national importance and urgency of such offices.
Lalong explained that the arrangement was rooted in constitutional logic and judicial efficiency, noting that presidential election disputes require swift resolution by a superior court of record with nationwide competence.
He further stressed that the reform would end the practice of litigants filing multiple suits across different jurisdictions in search of favourable rulings, a trend he said undermines judicial credibility and electoral stability.
“By expressly providing that no court shall entertain pre-election matters except as prescribed under Section 29A, this amendment introduces certainty, discipline, and order into electoral adjudication,” he added.
Contributing to the debate, Mohammed Monguno seconded the motion for the bill’s passage, describing the reform as timely and essential to improving electoral litigation outcomes in the country.
He urged lawmakers to support the bill, noting that it would enhance efficiency and reduce prolonged legal disputes.
In his remarks after the bill was passed, Senate President Godswill Akpabio, commended the committee for its detailed work and contributions to the legislative process.
He expressed optimism that President Bola Tinubu would assent to the bill, saying the reform would deepen democratic governance, strengthen electoral justice, and improve confidence in Nigeria’s electoral system.
