The Federal High Court in Abuja has affirmed the validity of Sections 138 and 77(5) of the Electoral Act 2026, dismissing a suit filed by the Nigeria Democratic Congress (NDC) challenging the provisions.
Justice Mohammed Umar, in a judgment delivered on Tuesday, August 4, 2026, held that the suit lacked merit and failed to establish any conflict between the disputed sections and the 1999 Constitution.
The NDC, registered by the Independent National Electoral Commission (INEC) on February 5, 2026, had filed the suit marked FHC/ABJ/CS/635/2026, arguing that the provisions violated constitutional safeguards on candidate qualification, electoral disputes and political participation.
The party had sued the Attorney-General of the Federation, the Clerk of the National Assembly, Senate President Godswill Akpabio and INEC.
Justice Umar ruled that the challenged provisions complemented the Constitution by providing a legal framework for resolving electoral disputes.
The court rejected the NDC’s argument that the matter was a pre-election dispute, holding that attaching INEC’s election timetable to the suit did not bring it within the scope of Section 285 of the Constitution.
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The judge also struck out the case against the Clerk of the National Assembly after finding that the NDC failed to serve the required pre-action notice before commencing proceedings.
On Section 138, the court held that the Constitution determines the qualifications and disqualifications for elective offices, while the Electoral Act provides the process and timeline for challenging issues arising from party primaries.
Justice Umar ruled that challenges to a candidate’s qualification must be pursued at the pre-election stage and held that Section 138 does not conflict with the Constitution.
The court also declined to invalidate Section 77(5), noting that the provision had already been considered by the Court of Appeal and that lower courts were bound by established judicial precedent.
The NDC had sought the nullification of the two provisions, arguing that they restricted legal challenges over candidate eligibility and affected constitutional rights to political participation.
However, the defendants, including INEC and the Attorney-General of the Federation, maintained that the Electoral Act 2026 was validly enacted and consistent with constitutional provisions.
By dismissing the suit, the court upheld the disputed sections and reaffirmed that disputes over candidates’ qualifications must be addressed through the pre-election mechanisms provided by law.