Electoral Act provisions on candidate qualification and disqualification remain in force after the Federal High Court dismissed a suit by the Nigeria Democratic Congress (NDC), ruling that the disputed sections are consistent with the 1999 Constitution.
ABUJA, Nigeria — The Federal High Court in Abuja has dismissed a suit filed by the Nigeria Democratic Congress (NDC) challenging key provisions of the Electoral Act 2026 relating to the qualification and disqualification of candidates seeking elective offices.
Delivering judgment on Tuesday, Justice Muhammed Umar held that the suit lacked merit, ruling that the disputed provisions of the Electoral Act complement, rather than conflict with, the provisions of the 1999 Constitution.
The NDC had instituted the action 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 party sought declarations that Sections 138 and 77(5) of the Electoral Act 2026 were unconstitutional, arguing that questions surrounding the qualification or disqualification of candidates should remain open to judicial determination even after elections had been concluded.
Justice Umar upheld the preliminary objections challenging the competence of the suit, stating that the plaintiff merely sought the court’s interpretation of constitutional and statutory provisions.
He further ruled that attaching INEC’s election timetable to the originating summons did not convert the matter into a pre-election dispute as contemplated by the Constitution.
The court also struck out the case against the Clerk of the National Assembly after finding that the NDC failed to comply with the mandatory requirement of serving a pre-action notice before commencing legal proceedings.
According to the judge, the omission rendered the suit incompetent against the second defendant.
On the substantive issues, Justice Umar rejected the NDC’s argument that Section 138 of the Electoral Act conflicted with constitutional provisions governing the qualification and disqualification of candidates.
He explained that while the Constitution specifies who is qualified or disqualified to contest elections, the Electoral Act provides the legal procedure and timeline for challenging issues arising from political party primaries.
The court emphasised that any aggrieved person seeking to challenge a candidate’s qualification must do so during the pre-election period as provided by law.
Justice Umar also declined to invalidate Section 77(5) of the Electoral Act, holding that the issue had already been settled by the Court of Appeal and remained binding on lower courts under the doctrine of judicial precedent.
The judgment preserves the challenged provisions of the Electoral Act 2026, although the Nigeria Democratic Congress retains the right to appeal the decision.
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