The Federal High Court in Abuja has dismissed a lawsuit filed by the National Democratic Congress (NDC) seeking to void parts of the Electoral Act 2026 on the qualification and disqualification of candidates for elective offices.
Delivering judgment, Justice Muhammed Umar ruled that the suit lacked merit. He held that the challenged provisions of the Electoral Act are consistent with the 1999 Constitution and complement, rather than contradict, its provisions.
The NDC had asked the court to declare Sections 138 and 77(5) of the Electoral Act unconstitutional. It also sought a declaration that a candidate’s qualification could still be challenged after an election.
Justice Umar upheld the objections raised by the defendants. He ruled that the case was not a valid pre-election matter and said the plaintiff was only seeking the court’s interpretation of existing constitutional and statutory provisions.
The court also struck out the suit against the Clerk of the National Assembly. The judge held that the NDC failed to serve the mandatory pre-action notice required before filing the case.
On the substantive issue, the court ruled that while the Constitution sets out who is qualified or disqualified to contest elections, the Electoral Act merely provides the legal procedure and timeline for challenging candidates who emerge from party primaries.
Justice Umar further declined to nullify Section 77(5) of the Electoral Act. He noted that the Court of Appeal had already ruled on the provision, making its decision binding on lower courts.
