Court Dismisses NDC Suit Against Electoral Act 2026

On Tuesday, the Federal High Court in Abuja dismissed a suit filed by the NDC against key provisions of the Electoral Act 2026 concerning the qualification and disqualification of candidates for elective offices. Justice Muhammed Umar ruled that the suit lacked merit, stating that the contested sections of the Electoral Act complement the 1999 Constitution.

The NDC had named the Attorney General of the Federation, the Clerk of the National Assembly, Senate President Godswill Akpabio, and the Independent National Electoral Commission as defendants, 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 him incompetent.

The judge also rejected the NDC's claim that Section 138 conflicted with constitutional provisions, affirming that the Electoral Act merely outlines procedures for resolving disputes from political party primaries.