The Nigeria Democratic Congress drags federal authorities to court, asserting that key clauses in the newly enacted Electoral Act 2026 are completely inconsistent with the 1999 Constitution.
The Federal High Court sitting in Abuja on Monday adjourned a high-stakes lawsuit instituted by the Nigeria Democratic Congress (NDC), which is seeking a definitive judicial order striking down Sections 138 and 77(5) of the newly enacted Electoral Act, 2026.
The matter, which was formally listed on the day’s cause list for a definitive hearing, could not go ahead due to the unavoidable absence of the presiding judge, Justice Mohammed Umar, who was reportedly away on another crucial official engagement. Although the NDC’s lead counsel, Vincent Ottaokpukpu, alongside defense lawyers including O.J. Opawale, were fully present in the courtroom, the registrar subsequently fixed June 9, 2026, as the new date for the hearing.
The legal battle stems from an originating summons marked FHC/ABJ/CS/635/2026, filed by the NDC on March 27, shortly after its official registration as a political party by the Independent National Electoral Commission (INEC).
The plaintiff dragged the Attorney-General of the Federation (AGF) and the Clerk of the National Assembly (NASS) to court as the 1st and 2nd defendants, while joining the Senate President and Chairman of the National Assembly, Senator Godswill Akpabio, alongside INEC, as the 3rd and 4th defendants.
The NDC strongly argues that the contested clauses are completely inconsistent with the foundational tenets of the 1999 Constitution (as amended) and must be completely invalidated.
The NDC’s legal team is challenging the validity of the new legislation on two primary constitutional grounds:
Grounds for Election Petitions (Section 138): The plaintiff asks the court to strike down Section 138 because it is fundamentally inconsistent with the compulsory qualification requirements outlined across several sections of the 1999 Constitution-specifically Sections 65, 106, 131, and 177. The party wants a judicial directive compelling the National Assembly to re-enact provisions that restore a candidate’s baseline “qualification” as a legitimate statutory ground for challenging any return in a legislative, gubernatorial, or presidential election.
The Digital Register Deadline (Section 77(5)): The party is also attacking Section 77(5), which mandates that only party members whose names are captured in a digital register transmitted to INEC at least 21 days before a primary or convention can vote or contest. The NDC argues this is highly inconsistent with the basic political rights guaranteed by Sections 40 and 65 of the Constitution. They note that the supreme law imposes no strict time limits on how long a citizen must hold party membership before being eligible to run for public office.
In a supporting affidavit, Ezechi Adaobi, a litigation secretary with the plaintiff’s law firm, emphasized that the NDC is a major stakeholder in the national political landscape. Under the leadership of Bayelsa West Senator, Seriake Dickson, and with former Anambra State Governor Peter Obi cleared to run in its upcoming presidential primary, the party intends to field candidates across all levels in future general elections. Adaobi noted that Section 77(5) strips real-world political flexibility from the process, especially since aggrieved politicians traditionally seek refuge in alternative parties after falling out during internal primaries.
However, INEC has vehemently disagreed with the NDC’s positions in a robust counter-affidavit filed on April 27. The electoral umpire maintains that the Electoral Act, 2026, was validly passed by the National Assembly on February 18 and received proper executive assent from President Bola Tinubu on February 19, making it a legally binding law of the federation.
INEC firmly insists that the digital register requirement does not infringe upon any citizen’s constitutional right to join a political association. The commission argued that its 38-day window for party primaries (running from April 23 to May 30) gives all registered parties a reasonable and legally sound timeframe to conduct their internal affairs without violating the supreme law.
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