Court Dismisses NDC Suit Challenging Electoral Act Eligibility Rules
The Federal High Court in Abuja has dismissed a suit filed by the National Democratic Congress (NDC) challenging provisions of the Electoral Act 2026 relating to the qualification and disqualification of candidates seeking elective offices.
Justice Muhammed Umar, in his ruling on Tuesday, held that the suit lacked merit, stating that the contested provisions of the Electoral Act complement rather than contradict the 1999 Constitution.
The case, marked FHC/ABJ/CS/635/2025, was instituted against the Attorney General of the Federation, the Clerk of the National Assembly, Senate President Godswill Akpabio and the Independent National Electoral Commission (INEC).
The NDC had asked the court to declare Sections 138 and 77(5) of the Electoral Act 2026 unconstitutional. It also sought a declaration that questions concerning a candidate’s qualification could still be raised after an election.
However, Justice Umar upheld preliminary objections questioning the competence of the suit, noting that the NDC was essentially asking the court to interpret provisions of the Constitution alongside those of the Electoral Act.
The judge also rejected the argument that the attachment of INEC’s election timetable to the originating summons automatically made the case a pre-election matter.
According to the court, there was no evidence before it showing that the suit challenged any aspect of the timetable within the jurisdiction contemplated under Section 285 of the Constitution.
The court further struck out the case against the Clerk of the National Assembly after finding that the NDC failed to serve the required pre-action notice before commencing proceedings.
Justice Umar held that the failure to serve the notice rendered the action against the second defendant incompetent.
On the substantive dispute, the court rejected the NDC’s argument that Section 138 of the Electoral Act conflicts with constitutional provisions on the qualification and disqualification of candidates.
The judge explained that while the Constitution establishes the requirements for qualification and disqualification from elective offices, the Electoral Act provides the legal procedure and timeframe for challenging issues arising from political party primaries.
Justice Umar held that any person seeking to challenge the emergence of a candidate on grounds of disqualification must pursue such a challenge at the pre-election stage.
He therefore ruled that Section 138 of the Electoral Act 2026 is consistent with, and complementary to, the Constitution.
The judge also declined the NDC’s request to invalidate Section 77(5), noting that the Court of Appeal had previously pronounced on the provision.
Justice Umar stressed that lower courts are bound by decisions of superior courts under the doctrine of judicial precedent.
The ruling effectively dismisses the NDC’s challenge to the disputed provisions of the Electoral Act 2026.
