25/05/2026
Court Adjourns NDC’s Suit Challenging Parts of Electoral Act 2026 Until June 9
The Federal High Court sitting in Abuja on Monday adjourned the suit filed by the Nigeria Democratic Congress (NDC) challenging sections of the newly enacted Electoral Act 2026 until June 9, 2026.
The matter, which was scheduled for hearing before Justice Mohammed Umar, could not proceed due to the judge’s absence on official engagement.
Counsel to the NDC, Vincent Ottaokpukpu, alongside defence lawyers including O.J. Opawale, were present in court before the case was subsequently adjourned.
The NDC is seeking an order of court to strike down Sections 138 and 77(5) of the Electoral Act 2026, arguing that the provisions are inconsistent with the 1999 Constitution as amended.
The suit, marked FHC/ABJ/CS/635/2026, was filed by the party following its registration by the Independent National Electoral Commission (INEC) on February 5, 2026.
The defendants in the case include the Attorney-General of the Federation, the Clerk of the National Assembly, Senate President Godswill Akpabio, and INEC.
According to the originating summons filed on March 27 by Mr. Ottaokpukpu, the NDC is asking the court to nullify Section 138 of the Electoral Act for allegedly contradicting constitutional provisions relating to candidates’ qualifications for elective offices.
The party is also seeking an order compelling the National Assembly to amend and re-enact provisions restoring “qualification” as a valid ground for challenging the return of elected candidates into offices such as President, Governor, Senate, House of Representatives, and State Houses of Assembly.
In addition, the NDC challenged Section 77(5) of the Electoral Act 2026, which provides that only party members whose names appear in the digital register submitted to INEC at least 21 days before party primaries can participate in such primaries.
The party argued that the provision violates constitutional rights to political participation and freedom of association, insisting that the Constitution does not prescribe any minimum duration for political party membership before contesting elections.
In an affidavit supporting the suit, litigation secretary at V-C Ottaokpukpu & Associates, Ezechi Adaobi, stated that the provision could unfairly affect politicians who defect to new parties ahead of elections.
However, INEC, in its counter-affidavit filed on April 27, defended the Electoral Act 2026, maintaining that the law was validly passed by the National Assembly and duly assented to by President Bola Tinubu.
The electoral body argued that Section 77(5) does not infringe on constitutional rights and that the timetable for party primaries fully complies with the provisions of the Constitution and the Electoral Act.
INEC further maintained that political parties were given adequate time to conduct primaries and resolve internal disputes within the legally approved timeframe.
Bentino Tv