The National Democratic Congress (NDC) has launched a fierce legal battle against key provisions of the Electoral Act, 2026, asking the Federal High Court in Abuja to strike down what it describes as unconstitutional and democracy-threatening clauses.
In a suit marked FHC/ABJ/CS/635/2026, the party is challenging Sections 138 and 77 (5) of the new law, insisting they directly contradict the 1999 Constitution of Nigeria and must be nullified.
Filed by its counsel, Vincent Ottaokpukpu, the suit names the Attorney-General of the Federation, the Clerk of the National Assembly, Senate President Godswill Akpabio, and the Independent Electoral Commission (INEC) as defendants.
At the heart of the dispute is Section 138, which the NDC argues dangerously removes “qualification” as a ground for challenging election results, from legislative seats to the presidency. The party insists this omission flies in the face of clear constitutional provisions that mandate educational and other eligibility requirements for candidates.
“The law cannot override the Constitution,” the party argued, warning that allowing such a provision to stand would open the floodgates for unqualified individuals to occupy public office without legal consequence.
The NDC is also contesting Section 77(5), which restricts participation in party primaries to members whose names appear in a digital register submitted to INEC at least 21 days before primaries. The party describes this as an unconstitutional clampdown on political participation, arguing it unlawfully limits citizens’ rights to freely associate and engage in the electoral process.
In its reliefs, the party is asking the court to strike down both provisions and compel the National Assembly to amend the law to restore constitutional compliance, particularly the right to challenge a candidate’s qualification.
Supporting the suit, a litigation secretary, Ezechi Adaobi, deposed that the controversial provisions represent a sharp break from previous electoral laws, where candidate qualification remained a central ground for election petitions.
She further warned that the new restrictions on party primaries could disenfranchise political actors and weaken internal party democracy, especially for aspirants forced to switch parties due to flawed primary processes.
The Electoral Act, 2026, was passed by the National Assembly on February 18 and signed into law by Bola Tinubu the following day.
At Thursday’s proceedings before Justice Mohammed Umar, only counsel to the NDC and INEC were present, while representatives of the Attorney-General, National Assembly, and Senate President were absent despite being served court processes.
With the defendants still within the statutory response period, the court adjourned the case to May 7 for hearing.
The suit marks the first major judicial test of the Electoral Act, 2026, setting the stage for what could become a landmark ruling on the limits of legislative power over Nigeria’s electoral framework and the supremacy of the Constitution.
• Source: NAN
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