NDC’s Suit Against Electoral Act Suffers Setback


 NDC’s Suit Against Electoral Act Suffers Setback



By

Joshua Bilkisu Swatkasah 


The Federal High Court in Abuja has dismissed a suit filed by the National Democratic Congress (NDC) challenging key provisions of the 2026 Electoral Act. Justice Muhammed Umar ruled that the case lacked merit, holding that the disputed sections of the law complement, rather than conflict with, the 1999 Constitution. 

The court also struck out the suit against the Clerk of the National Assembly over the NDC's failure to serve a mandatory pre-action notice.


The NDC had asked the court to declare Sections 138 and 77(5) of the Electoral Act unconstitutional, arguing that questions relating to the qualification of candidates should still be entertained after elections. 

However, Justice Umar held that disputes over the qualification or disqualification of candidates must be raised at the pre-election stage, stressing that the Electoral Act only provides the procedure and timeline for resolving such matters.


The judge further declined to invalidate Section 77(5), noting that the Court of Appeal had already settled the issue in an earlier decision, which remains binding on lower courts. He also ruled that attaching INEC's election timetable to the suit did not make it a pre-election matter, dismissing the NDC's claims in their entirety.


#NexviewTv#NexviewNews#NexviewUpdate#2026#BreakingNews#Politics#NDC#FederalHighCourt#INEC#ElectoralAct#CourtofAppeal#Nigeria

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