Abuja Court Upholds Validity of Electoral Act 2026

The Federal High Court in Abuja dismissed a lawsuit filed by the National Democratic Congress (NDC) that challenged the constitutionality of Sections 138 and 77(5) of the Electoral Act 2026. The NDC argued that these provisions, which regulate the qualification and disqualification of candidates for elective offices, conflicted with the 1999 Constitution and sought to allow such challenges to be raised after elections.

Justice Muhammed Umar ruled that the suit lacked merit, stating that the Electoral Act complements the Constitution by establishing the specific procedures and timelines for disputes arising from party primaries. He clarified that any challenge regarding a candidate's disqualification must occur at the pre-election level. The court further declined to invalidate Section 77(5), citing existing Court of Appeal precedent.

Procedurally, the court struck out the action against the Clerk of the National Assembly because the plaintiff failed to serve a required pre-action notice. The judge also determined that the NDC's attachment of an election timetable did not qualify the case as a pre-election matter under Section 285. The government, represented by the Attorney General of the Federation, and the Independent National Electoral Commission defended the validity of the Act, while Senate President Godswill Akpabio argued that the action lacked merit.