The legal challenge against key provisions of the Electoral Act 2026 has suffered a setback after a Federal High Court in Abuja dismissed a suit filed by the National Democratic Congress over candidate qualification and disqualification rules.
The party had approached the court seeking a declaration that sections 138 and 77(5) of the Act were unconstitutional, arguing that questions surrounding the eligibility of candidates should not be restricted to the period before elections.
In the suit, the NDC listed the Attorney General of the Federation, the Clerk of the National Assembly, Senate President Godswill Akpabio and the Independent National Electoral Commission as defendants.
However, Justice Muhammed Umar, in his judgment on Tuesday, ruled that the suit lacked merit, holding that the provisions being challenged were consistent with the Constitution and only provided procedures for resolving electoral disputes.
The judge said the case was largely an invitation for the court to interpret provisions of the Electoral Act and the 1999 Constitution, adding that the inclusion of INEC’s election timetable did not automatically make the matter a pre-election case.
Justice Umar also ruled that the suit was incompetent against the Clerk of the National Assembly because the required pre-action notice was not served, leading to the removal of the Clerk’s name from the case.
The court further held that the Constitution determines the qualifications and disqualifications for elective positions, while the Electoral Act outlines the process and timelines for challenging issues arising from party primaries.
