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Court Adjourns NDC’s Challenge to Electoral Act Provisions Until June 9
By Peterson Elele Ipalibo
E-ISSN:2354-4481
The Federal High Court in Abuja has adjourned a suit filed by the Nigeria Democratic Congress (NDC) challenging specific provisions of the Electoral Act, 2026, until June 9 for substantive hearing.
The matter, which was scheduled for hearing on Monday, could not proceed following the absence of the presiding judge, Justice Mohammed Umar, who was reportedly engaged in an official assignment outside the court.
Although legal representatives of the parties, including counsel to the NDC, Vincent Ottaokpukpu, and defence counsel, O.J. Opawale, were present in court, proceedings were stalled due to the judge’s unavailability. The court subsequently fixed June 9 as the new date for the hearing.
It will be recalled that Justice Umar had earlier, on May 8, scheduled the case for hearing on Monday.
The NDC is seeking judicial interpretation of Sections 138 and 77(5) of the Electoral Act, 2026, arguing that the provisions are inconsistent with relevant sections of the 1999 Constitution (as amended).
The suit, marked FHC/ABJ/CS/635/2026, was instituted by the political party shortly after its registration by the Independent National Electoral Commission (INEC) on February 5, 2026.
Named as defendants in the action are the Attorney-General of the Federation (AGF), the Clerk of the National Assembly, the President of the Senate and Chairman of the National Assembly, Godswill Akpabio, and the Independent National Electoral Commission (INEC).
In the originating summons filed on March 27, counsel to the plaintiff urged the court to declare Section 138 of the Electoral Act unconstitutional, contending that it conflicts with constitutional provisions relating to the qualifications and disqualifications of candidates seeking elective offices, including the presidency, governorship, National Assembly, and state legislative positions.
The NDC is also asking the court to direct the relevant authorities to amend the Electoral Act and reintroduce “qualification” as a statutory ground upon which the election or return of a candidate may be challenged before an election tribunal or competent court.
In addition, the party is seeking an order nullifying Section 77(5) of the Electoral Act, 2026, because it allegedly conflicts with constitutional provisions guaranteeing freedom of association and eligibility requirements for elective offices.
Supporting the action through an affidavit, litigation secretary Ezechi Adaobi stated that the NDC, as a registered political party and stakeholder in Nigeria’s democratic process, intends to sponsor candidates for future elections, including the presidential contest.
According to the affidavit, the National Assembly passed the Electoral Act, 2026, on February 18, while President Bola Ahmed Tinubu assented to the legislation on February 19 following recommendations from the Attorney-General of the Federation.
Adaobi further argued that Section 77(5) restricts participation in party primaries to members whose names appear in a party’s digital register submitted to INEC at least 21 days before the primary election or convention. She contended that the Constitution does not prescribe a minimum duration of party membership as a prerequisite for contesting elections.
The affidavit also noted that politicians dissatisfied with outcomes of party primaries frequently defect to other political parties to pursue electoral opportunities, suggesting that the disputed provision may limit such political mobility.
The plaintiff therefore urged the court to grant the relief sought in the interest of justice and constitutional compliance.
In response, INEC, through a counter-affidavit filed on April 27, opposed the suit and defended the validity of the Electoral Act, 2026.
The electoral commission maintained that the National Assembly enacted the legislation in full compliance with constitutional procedures and that presidential assent had duly transformed the bill into enforceable law throughout the federation.
INEC further argued that Section 77(5) does not violate any citizen’s constitutional right to join, participate in, or associate with a political party. According to the commission, the provision merely regulates internal party processes and electoral administration.
The commission also stated that the approved timetable for party primaries, running from April 23 to May 30, provides a 38-day window for political parties to conduct primaries and resolve related disputes, in line with both constitutional and statutory requirements.
INEC consequently urged the court to dismiss the claims, insisting that the Electoral Act, 2026, remains valid and enforceable.
Meanwhile, the NDC is currently led nationally by Seriake Dickson, while former Anambra State governor Peter Obi has been cleared to participate in the party’s forthcoming presidential primary election.
