A Federal High Court in Abuja has dismissed a lawsuit initiated by the National Democratic Congress (NDC) that aimed to invalidate section 138 of the Electoral Act 2026. This specific section excludes candidate qualification as a valid reason for challenging election results. Justice Muhammed Umar ruled that the suit lacked merit, clarifying that section 138 does not contradict the 1999 Constitution but rather works in tandem with it by establishing procedural timelines for handling election disputes.
Regarding section 77(5) of the Act—which restricts voting eligibility to individuals on registers submitted to the Independent National Electoral Commission (INEC) at least 21 days before primary events—Justice Umar noted that the Court of Appeal had already issued a binding precedent on this matter. Furthermore, the court upheld a preliminary objection from the Clerk of the National Assembly, citing the NDC’s failure to provide mandatory pre-action notice, which rendered the case legally incompetent.
The legal action had sought to permit challenges to candidate qualifications even after the conclusion of elections. The court emphasized that the Constitution defines qualification requirements, while the Electoral Act governs the necessary procedures. The defendants included the Attorney General of the Federation, Senate President Godswill Akpabio, the Clerk of the National Assembly, and INEC.
