Court Dismisses NDC Suit Challenging Electoral Act 2026 Provisions on Candidate Qualification
E-ISSN: 2354-4481
By Nnanna Orji Igbo
The Federal High Court has dismissed a suit filed by the National Democratic Congress (NDC) challenging provisions of the Electoral Act 2026, ruling that the action lacked merit and could not be sustained in law.
In its judgment, the court upheld the validity of Section 138 of the Electoral Act 2026, which excludes candidate qualification as a ground for filing election petitions after the conduct of an election.
The NDC had approached the court seeking an order declaring the provision unconstitutional. The party argued that preventing candidates' qualifications from being challenged through election petitions was inconsistent with the Constitution and undermined constitutional requirements for elective public offices.
According to the NDC, the Electoral Act should not limit the ability of aggrieved parties to question whether a declared winner of an election possessed the constitutional qualifications required to contest for office.
However, the Federal High Court rejected the argument, holding that the Electoral Act does not conflict with the Constitution but rather complements it by providing the legal framework for resolving electoral disputes.
The court explained that issues relating to the qualification or disqualification of candidates are pre-election matters and must be brought before the election is conducted. It stated that once an election has taken place, election petitions can only be founded on grounds expressly provided under the Electoral Act.
The judge further held that the Electoral Act merely regulates the procedure for raising electoral disputes and does not remove constitutional safeguards relating to eligibility for public office.
Consequently, the court dismissed the suit in its entirety, affirming that the disputed provisions of the Electoral Act 2026 remain valid and enforceable.
The ruling is expected to provide further judicial clarity on the distinction between pre-election matters and post-election disputes under Nigeria's electoral legal framework.
The Electoral Act 2026 introduced several reforms aimed at streamlining Nigeria's electoral dispute resolution process. Among the changes was Section 138, which removed candidate qualification as one of the grounds upon which election petitions may be filed after elections.
Under the current legal framework, disputes concerning whether a candidate meets constitutional requirements—such as age, educational qualifications, citizenship or other eligibility criteria—must be instituted as pre-election matters before the polls are conducted.
Election petitions filed after the declaration of election results are now generally limited to issues such as non-compliance with electoral laws, corrupt practices, unlawful exclusion of votes, over-voting, and questions relating to whether the declared winner was validly elected based on lawful votes cast.
Legal experts have argued that the distinction seeks to prevent prolonged post-election litigation over matters that could have been resolved before voters go to the polls, thereby promoting certainty and stability in the electoral process.
The Federal High Court's decision reinforces this legal position and affirms the legislative intention behind the Electoral Act 2026, while clarifying that constitutional questions relating to candidate qualification remain justiciable, provided they are raised within the appropriate pre-election timeframe.
