The Federal High Court in Abuja on Tuesday dismissed a suit filed by the National Democratic Congress challenging provisions of the Electoral Act 2026 on the qualification and disqualification of candidates for elective offices.
Justice Muhammed Umar held that the action, marked FHC/ABJ/CS/635/2025, lacked merit, ruling that the disputed provisions of the Electoral Act complement, rather than conflict with, the 1999 Constitution.
The NDC had sued the Attorney General of the Federation, the Clerk of the National Assembly, Senate President Godswill Akpabio and the Independent National Electoral Commission, seeking, among other reliefs, declarations that Sections 138 and 77(5) of the Electoral Act 2026 were unconstitutional.
The plaintiff also urged the court to hold that questions bordering on the qualification of candidates could still be raised after elections.
However, Justice Umar upheld preliminary objections challenging the competence of the suit, and held that the plaintiff was merely inviting the court to interpret constitutional and statutory provisions.
The judge said, “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.”
He added that the mere attachment of INEC’s election timetable to the originating summons did not transform the case into a pre-election matter.
“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 held.
On the objection raised by the Clerk of the National Assembly, Justice Umar held that the plaintiff failed to comply with the statutory requirement of serving a pre-action notice before commencing proceedings.
