Court Dismisses NDC Suit Against Electoral Act 2026 Rules

On Tuesday, the Federal High Court in Abuja dismissed a suit filed by the National Democratic Congress (NDC) against the provisions of the Electoral Act 2026 concerning the qualification and disqualification of candidates for elective offices. Justice Muhammed Umar presided over the case, marked FHC/ABJ/CS/635/2025, and ruled that the action lacked merit, stating that the disputed provisions of the Electoral Act complement the 1999 Constitution.

The NDC had sued several parties, including the Attorney General of the Federation, the Clerk of the National Assembly, Senate President Godswill Akpabio, and the Independent National Electoral Commission (INEC), seeking declarations that Sections 138 and 77(5) of the Electoral Act 2026 were unconstitutional. Justice Umar upheld preliminary objections regarding the suit's competence, noting that the NDC failed to serve a pre-action notice to the Clerk of the National Assembly, rendering the suit against them incompetent.

The judge concluded that Section 138 of the Electoral Act is consistent with the Constitution, providing procedures for addressing disputes from party primaries.