By Vivian Okejeme
The Federal High Court in Abuja has dismissed a suit filed by the National Democratic Congress (NDC) challenging key provisions of the Electoral Act 2026 relating to the qualification and disqualification of candidates for elective offices.
Delivering judgment on Tuesday, Justice Muhammed Umar held that the suit lacked merit, ruling that the disputed provisions of the Electoral Act complement, rather than conflict with, the 1999 Constitution.
The NDC, in suit FHC/ABJ/CS/635/2025, sought declarations that Sections 138 and 77(5) of the Electoral Act 2026 were unconstitutional. The party also urged the court to hold that issues concerning the qualification of candidates could still be challenged after elections.
Named as respondents in the suit were the Attorney-General of the Federation (AGF), the Clerk of the National Assembly, Senate President Godswill Akpabio, and the Independent National Electoral Commission (INEC).
Justice Umar upheld the preliminary objections challenging the competence of the suit, stating that the plaintiff was merely inviting the court to interpret the provisions of the Electoral Act alongside those of the Constitution.
According to the judge, “The plaintiff is invoking the interpretative jurisdiction of this honourable court in respect of the provisions of the Electoral Act 2026 on the one hand and the 1999 Constitution on the other hand.”
The judge further held that the mere attachment of INEC’s election timetable to the originating summons did not make the matter a pre-election case.
“The fact that the defendant’s timetable is attached cannot make the case within the contemplation of Section 285… there is no deposition that raises questions as to the timetable,” the court ruled.
On the objection raised by the Clerk of the National Assembly, Justice Umar held that the NDC failed to comply with the statutory requirement of serving a pre-action notice before commencing the suit.
He ruled that the failure to serve the notice rendered the suit incompetent against the second defendant and consequently struck out the action against the Clerk of the National Assembly.
On the substantive issues, the judge rejected the NDC’s argument that Section 138 of the Electoral Act was inconsistent with the constitutional provisions governing the qualification and disqualification of candidates for elective offices.
Justice Umar held that while the Constitution prescribes the qualifications and disqualifications for elective offices, the Electoral Act provides the procedure and timeline for resolving disputes arising from political party primaries.
“Any aggrieved party who intends to challenge any candidate who emerged from a political party’s primary election on grounds of disqualification must do so at the pre-election stage,” the judge held.
He further ruled that when read alongside other relevant provisions of the Electoral Act, Section 138 is consistent with the Constitution.
“The provision of Section 138 of the Electoral Act 2026 complements the provisions of the Constitution and is not in conflict with them. The contention of the plaintiff that Section 138 is inconsistent with the Constitution is without merit,” Justice Umar ruled.
The court also declined to invalidate Section 77(5) of the Electoral Act 2026, holding that the issue had already been settled by the Court of Appeal.
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