The Federal High Court in Abuja has dismissed a suit filed by the National Democratic Congress (NDC) challenging provisions of the Electoral Act 2026 relating to the qualification and disqualification of candidates seeking elective office.
In a judgment delivered on Tuesday, Justice Muhammed Umar held that the suit lacked merit, ruling that the disputed sections of the Electoral Act are consistent with the provisions of 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 (INEC), asking the court to declare Sections 138 and 77(5) of the Electoral Act 2026 unconstitutional.
The party also sought a declaration that issues concerning the qualification of candidates could still be challenged after elections had been conducted.
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Justice Umar, however, upheld the preliminary objections filed by the defendants and ruled that the case merely sought the court’s interpretation of constitutional and statutory provisions.
He also held that attaching INEC’s election timetable to the suit did not make it a pre-election matter because the application did not raise any issue concerning the timetable.
On the objection raised by the Clerk of the National Assembly, the judge ruled that the NDC failed to serve the mandatory pre-action notice before filing the suit.
He therefore struck out the case against the Clerk for non-compliance with the law.
On the substantive issues, the court rejected the NDC’s argument that Section 138 of the Electoral Act conflicts with the Constitution.
Justice Umar held that while the Constitution sets out the qualifications and disqualifications for elective offices, the Electoral Act provides the procedure and timeline for challenging the outcome of party primaries.
He ruled that anyone seeking to challenge the qualification of a candidate who emerged from a party primary must do so during the pre-election stage.
The judge further held that Section 138 complements the Constitution and does not contradict it, describing the NDC’s argument as lacking merit.
Justice Umar also declined to nullify Section 77(5) of the Electoral Act, noting that the Court of Appeal had already ruled on the provision.
He said lower courts are bound by the doctrine of judicial precedent and must follow decisions of higher courts.
Rafiyat Sadiq is a political, justice, and human rights reporter with Pinnacle Daily, known for fearless reporting and impactful storytelling. At Pinnacle Daily, she brings clarity and depth to issues shaping governance, democracy, and the protection of citizens’ rights.