Court postpones NDC’s lawsuit challenging parts of the Electoral Act

The Federal High Court in Abuja adjourned a suit filed by the Nigeria Democratic Congress (NDC) that sought to strike down Sections 138 and 77(5) of the new Electoral Act, 2026, until June 9 for hearing.

The case, which appeared on the day’s cause list, could not proceed because Justice Mohammed Umar was absent. Although the NDC’s lawyer, Vincent Ottaokpukpu, and the defence lawyers, including O.J. Opawale, were present, the judge was reportedly on another official engagement.

The matter was subsequently scheduled for hearing on June 9. The News Agency of Nigeria (NAN) reports that Justice Umar had set the hearing for that date on May 8.

In its suit, the NDC argued that the two sections are inconsistent with the 1999 Constitution (as amended). The party, registered by the Independent National Electoral Commission (INEC) on February 5, filed the suit marked FHC/ABJ/CS/635/2026.

The originating summons named the Attorney‑General of the Federation (AGF) and the Clerk of the National Assembly (NASS) as the first and second defendants. It also named Senate President and Chairman of the National Assembly, Sen. Godswill Akpabio, and INEC as the third and fourth defendants.

Ottaokpukpu, who filed the suit on March 27, asked the court to grant reliefs. He sought an order striking down Section 138 for being inconsistent with the compulsory provisions of Sections 65(2)(a), 106(1)(c), 131(1)(d), 177(1)(d) and 66(1)(i), 107(1)(i), 137(1)(j) and 182(1)(j) of the Constitution. He also requested an order directing the first, second and third defendants to amend and re‑enact a new provision of the Electoral Act, 2026, to restore “qualification” as a ground for challenging the return of any candidate to the seats of the House of Representatives, Senate, House of Assembly, president and governor, in line with the same constitutional sections.

Ottaokpukpu further sought an order striking down Section 77(5) of the Electoral Act, 2026, for being inconsistent with Sections 40 and 65(2)(b), 106(1)(d), 231(1)(c) and 177(1)(c) of the Constitution, among others.

In the affidavit supporting the suit, Ezechi Adaobi, a litigation secretary at V‑C Ottaokpukpu & Associates, stated that the NDC, as a stakeholder in the Nigerian electoral process, will field candidates in future elections, including the presidential election. She noted that the National Assembly, under the stewardship of the second and third defendants, passed the Electoral Act, 2026, on February 18, and that President Bola Tinubu, upon the AGF’s recommendation, assented to the Act on February 19.

Adaobi added that the NDC’s national legal adviser had read and understood all provisions of the Electoral Act, 2022, and the new Act. The adviser observed that Section 77(5) of the Electoral Act, 2026, limits eligibility to members whose names appear in the political party’s digital register transmitted to INEC 21 days before a primary election or convention. Adaobi said this provision is inconsistent with the Constitution, which does not prescribe a duration for party membership to be eligible for election. She noted that members dissatisfied with primary conduct often seek refuge in other parties to participate in general elections, and urged the court to grant relief in the interest of justice.

INEC, in its counter‑affidavit filed on April 27, disagreed with the NDC. It argued that the constitutional and statutory roles of the first, second and third defendants are defined by the Constitution and relevant enabling statutes, not as characterised by the plaintiff. INEC maintained that the Electoral Act, 2026, was validly passed by the National Assembly on February 18 and duly assented to by President Tinubu. The commission stated that the Act was passed in accordance with the Constitution and that its provisions do not infringe upon any person’s constitutional right to form, participate in, or belong to a political party.

INEC further explained that the period allotted for party primaries, from April 23 to May 30 (inclusive of dispute resolution), constitutes 38 clear days in strict compliance with the Electoral Act, 2026, and the constitutional framework. By its timetable, political parties have a window of not less than the period prescribed for conducting primaries.

The News Agency of Nigeria (NAN) reports that Sen. Seriake Dickson, who represents the Bayelsa West Senatorial District, is currently the NDC’s national leader, while former Gov. Peter Obi of Anambra has been cleared to contest in the party’s presidential primary. (NAN)

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