Court adjourns NDC suit challenging provisions of electoral act

The Federal High Court in Abuja has adjourned a suit filed by the Nigeria Democratic Congress (NDC) seeking to nullify Sections 138 and 77(5) of the Electoral Act 2026 until June 9, 2026.

The case, which was scheduled for hearing on Monday before Justice Mohammed Umar, could not proceed due to the judge’s absence on official assignment. Counsel to the NDC, Vincent Ottaokpukpu, and lawyers representing the defendants were present in court before the matter was adjourned.

The NDC, in the suit marked FHC/ABJ/CS/635/2026, is challenging the constitutionality of Sections 138 and 77(5) of the new Electoral Act, arguing that the provisions conflict with relevant sections of the 1999 Constitution (as amended).

The party is seeking an order striking down Section 138, which it contends removed “qualification” as a ground for challenging the election of candidates to offices such as President, Governor, Senator, House of Representatives member, and State Assembly member.

The NDC is also asking the court to compel the Attorney-General of the Federation, the National Assembly, and its leadership to amend the law and restore qualification as a valid basis for election petitions.

In addition, the party is challenging Section 77(5) of the Electoral Act 2026, which stipulates that only members whose names appear in a political party’s digital register submitted to INEC at least 21 days before a primary election can participate in the exercise.

According to the NDC, the provision is inconsistent with constitutional guarantees on political participation and could unfairly restrict the rights of citizens who change political parties before elections.

However, the Independent National Electoral Commission (INEC), in its counter-affidavit, defended the Electoral Act 2026, arguing that the law was validly enacted by the National Assembly and duly assented to by President Bola Ahmed Tinubu.

INEC further maintained that Section 77(5) does not violate any constitutional right and that the electoral timetable provides sufficient time for political parties to conduct primaries and manage internal processes in line with the law.

The commission urged the court to dismiss the suit, insisting that the challenged provisions are consistent with Nigeria’s constitutional and electoral framework.

The matter is expected to come up for substantive hearing on June 9.

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