The House of Representatives has approved amendments to the Electoral Act 2026, introducing major changes to election dispute procedures, including a provision that governorship and National Assembly election petitions will now end at the Court of Appeal.
The decision was reached on Wednesday after lawmakers adopted a report from the House Committee on Electoral Matters during deliberations at the Committee of the Whole.
The reform package also incorporates the use of technology in serving election petition processes, allowing electronic methods such as email, SMS, and other digital platforms.
The move is aimed at minimising delays, reducing technical objections, and enhancing the overall efficiency of resolving electoral disputes.
Earlier, the House had passed two related bills through second reading at plenary and referred them to the Committee of the Whole, presided over by Deputy Speaker Benjamin Kalu.
Explaining the intent behind the legislation, Chairman of the Committee on Electoral Matters, Adebayo Balogun, said the proposals seek to “provide clarity and certainty on the jurisdiction of courts in pre-election matters; enhance timely and efficient adjudication of pre-election matters; introduce flexible and technology-driven modes of service of election petition processes and curb delays and technicalities associated with service of court processes.”
One of the bills revises Section 29(8) to require candidates to submit both physical and electronic contact details, including email addresses and phone numbers.
It also formally recognises various methods of serving court documents, including “personal delivery, registered post; electronic transmission (email, SMS, and other digital means), provided that service is deemed effective upon proof of transmission.”
In addition, the amendment specifies acceptable evidence of service, such as electronic confirmations and system-generated records, and makes it clear that failure by a respondent to acknowledge receipt does not invalidate the process.
Another key change introduces a new Section 29(a), granting the Federal High Court original jurisdiction over pre-election matters involving National Assembly, state assembly, and governorship elections, while appeals from such cases will end at the Court of Appeal.
“The Court of Appeal is to exercise original jurisdiction over presidential pre-election matters and terminates at the Supreme Court, while restricting courts from entertaining pre-election matters outside the prescribed jurisdiction,” the amendment reads in part.
Speaking further, Balogun noted that the committee found that “the reliance on physical service alone is outdated and susceptible to manipulation, evasion, and logistical challenges.
Technological advancements provide credible, verifiable, and efficient alternatives for the service of court processes.”
He also pointed out that “there exists ambiguity and inconsistency in the current legal framework governing jurisdiction for pre-election matters, leading to conflicting judicial decisions.
There are delays in the service of election petition processes, which have significantly affected the timely resolution of electoral disputes.”
According to the Lagos lawmaker, the amendments align with Section 285 of the 1999 Constitution (as amended) and reflect global best practices in electoral adjudication.
“The committee engaged in extensive deliberations on the provisions of the bills, noting that the delineation of jurisdiction will significantly reduce preliminary objections and expedite hearing of pre-election matters,” he said.
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Balogun added that giving the Court of Appeal original jurisdiction over presidential pre-election cases reflects the urgency such matters demand.
“The committee is of the considered view that the proposed amendments will significantly improve the administration of electoral justice in Nigeria.
“By clarifying jurisdictional boundaries and embracing technology in the service of processes, the bills will promote efficiency, reduce delays, discourage frivolous objections, and strengthen the credibility of the electoral system.
The amendment
“Section 29(5) of the Principal Act is amended by substituting for the existing subsection (5) a new subsection to read, “An aspirant who participated in the primaries of his political party and who has reasonable grounds to believe that any information given by the political party’s candidate in the affidavit or any document submitted by that candidate in relation to his constitutional requirements to contest the election is false, may file a suit at a court in the Federal Capital Territory or in the jurisdiction where the cause of action arose, against that candidate seeking a declaration that the information contained in the affidavit is false.”
Insertion of new Section 29A of the Principal Act, read, “Notwithstanding the provisions of any other law, all pre-election matters arising from the nomination of candidates and other pre-election activities under Section 285 of the Constitution of the Federal Republic of Nigeria, 1999 (As Altered) and this Act shall be commenced, heard and determined in accordance with the provisions of this section.
“Pre-election matters relating to elections into the National Assembly, the state Houses of Assembly, the office of Governor and Deputy Governor shall be commenced at the Federal High Court, and any appeal arising therefrom shall lie as of right to the Court of Appeal.
Pre-election matters relating to the Office of President and Vice President shall be commenced at the Court of Appeal, which shall have and exercise original jurisdiction, and any appeal arising therefrom shall lie as of right to the Supreme Court.
“No court shall entertain any pre-election matter except in accordance with the provisions of this section.
“The provisions of this section shall apply to all actions instituted under this Act in respect of pre-election matters.”
During the session, an attempt by Sokoto lawmaker Abdussamad Dasuki to raise concerns about emails potentially being diverted to spam folders was dismissed.
Both Kalu and Balogun clarified that the new provisions are intended to complement, not replace, physical service, expanding the available channels of communication rather than limiting them.