The Federal High Court in Abuja has dismissed a suit filed by the National Democratic Congress (NDC) challenging provisions of the Electoral Act 2026 on the qualification and disqualification of candidates for elective offices.
Justice Muhammed Umar, in his ruling on Tuesday, held that the suit lacked merit, maintaining that the disputed provisions of the Electoral Act complement rather than contradict the 1999 Constitution.
The suit, marked FHC/ABJ/CS/635/2025, was filed 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 issues concerning the qualification or disqualification of candidates could be raised even after an election had been conducted.
However, Justice Umar upheld preliminary objections challenging the competence of the case, ruling that the plaintiff was essentially asking the court to interpret provisions of the Constitution and the Electoral Act.
The judge said the NDC was “invoking the interpretative jurisdiction” of the court over the provisions of the Electoral Act 2026 and the 1999 Constitution.
Justice Umar also rejected the argument that the attachment of INEC’s election timetable to the originating summons made the suit a pre-election matter.
He held that the mere attachment of the timetable did not bring the case within the jurisdiction contemplated under Section 285 of the Constitution, noting that there was no deposition raising any issue concerning the timetable.
The court also upheld the objection raised by the Clerk of the National Assembly over the failure of the plaintiff to serve a pre-action notice before instituting the suit.
Justice Umar held that the failure to serve the required notice rendered the case incompetent against the second defendant and subsequently struck out the action against the Clerk of the National Assembly.
On the substantive issue, the judge rejected the NDC’s argument that Section 138 of the Electoral Act was inconsistent with constitutional provisions on the qualification and disqualification of candidates.
He held that while the Constitution sets out the qualifications and disqualifications for elective offices, the Electoral Act provides the procedure and timeframe for challenging disputes arising from political party primaries.
Justice Umar ruled that any aggrieved person seeking to challenge the emergence of a candidate on grounds of disqualification must do so at the pre-election stage.
According to him, Section 138 of the Electoral Act 2026, when read alongside other relevant provisions, complements the Constitution rather than conflicts with it.
He therefore dismissed the NDC’s contention that the provision was unconstitutional.
The judge also declined to invalidate Section 77(5) of the Electoral Act, noting that the Court of Appeal had already pronounced on the provision in an earlier judgment.
Justice Umar stressed that lower courts are bound by decisions of appellate courts, noting that “courts, generally, are bound by precedent.”
Titilope Adako is a talented and intrepid journalist, dedicated to shedding light on the untold stories of Osun State and Nigeria. Through incisive reporting, she tackles a broad spectrum of topics, from politics and social justice to culture and entertainment, with a commitment to accuracy, empathy, and inspiring positive change.
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