Politics
Court Adjourns NDC Suit Challenging Electoral Act 2026
The Federal High Court sitting in Abuja has adjourned a suit filed by the Nigeria Democratic Congress challenging sections of the Electoral Act 2026 until June 9.
The matter, which was scheduled for hearing on Monday before Justice Mohammed Umar, could not proceed due to the judge’s absence from court over another official engagement.
Although counsel to the NDC, Vincent Ottaokpukpu, alongside lawyers representing the defendants, including O.J. Opawale, were present in court, the case was subsequently adjourned for hearing.
The NDC is seeking an order of the court to strike down Sections 138 and 77(5) of the Electoral Act 2026, arguing that the provisions are inconsistent with the 1999 Constitution as amended.
The suit, marked FHC/ABJ/CS/635/2026, was filed against the Attorney-General of the Federation, Clerk of the National Assembly, Senate President Godswill Akpabio, and the Independent National Electoral Commission.
According to the plaintiff, Section 138 of the Electoral Act unlawfully removes “qualification” as grounds for challenging the election of candidates into offices including president, governor, Senate, House of Representatives, and state assemblies.
The party also challenged Section 77(5), which provides that only party members whose names appear in a political party’s digital register transmitted to INEC at least 21 days before a primary election can participate in such primaries.
The NDC argued that the provision violates constitutional rights to political association and participation, especially for politicians who defect to new parties shortly before elections.
In an affidavit supporting the suit, the party maintained that the Electoral Act 2026 was inconsistent with constitutional provisions guaranteeing eligibility for elections and freedom of association.
However, INEC opposed the suit in its counter affidavit, insisting that the Electoral Act 2026 was validly passed by the National Assembly and duly signed into law by President Bola Tinubu.
The electoral commission further argued that Section 77(5) does not infringe on citizens’ rights to belong to political parties and that the timelines for party primaries complied with constitutional requirements.
The case is expected to resume on June 9 for hearing.
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