The Federal High Court in Abuja has postponed hearing in a major lawsuit challenging parts of the newly enacted Electoral Act 2026, following the absence of Justice Mohammed Umar.
The case, filed by the Nigeria Democratic Congress (NDC), was adjourned to June 9 after the judge was reportedly engaged in another official assignment.
Lawyers representing both the NDC and the defendants were present in court when the matter came up on Monday, but proceedings could not continue due to the judge’s absence.
The NDC is asking the court to invalidate Sections 138 and 77(5) of the Electoral Act 2026, arguing that the provisions conflict with several sections of the 1999 Constitution.
The political party, which was officially registered by the Independent National Electoral Commission (INEC) earlier this year, filed the suit before the Federal High Court in Abuja under case number FHC/ABJ/CS/635/2026.
Among those listed as defendants in the suit are the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, the Clerk of the National Assembly, Senate President Godswill Akpabio, and INEC.
According to the NDC, the controversial sections of the law could significantly affect the eligibility of candidates contesting future elections, including the 2027 presidential election.
The party specifically challenged Section 138 of the Electoral Act, insisting that it unlawfully removes “qualification” as a valid ground for challenging election results in court.
The NDC argued that this contradicts constitutional provisions relating to eligibility requirements for candidates seeking elective offices such as president, governor, senator, and members of the House of Representatives.
The party also attacked Section 77(5), which requires political parties to submit digital membership registers to INEC at least 21 days before primary elections.
According to the NDC, the provision unfairly restricts political participation and could prevent politicians who defect shortly before primaries from contesting elections under new parties.
In documents filed before the court, the party maintained that the Nigerian Constitution does not specify any minimum duration a citizen must remain in a political party before becoming eligible to contest an election.
The NDC further argued that politicians often switch parties after disputed primaries and should not be denied the opportunity to participate in future elections.
However, INEC opposed the suit and defended the validity of the Electoral Act 2026.
In its counter-affidavit, the electoral commission stated that the law was properly passed by the National Assembly and duly signed by President Bola Tinubu in accordance with constitutional procedures.
INEC also insisted that the provisions being challenged do not violate citizens’ rights to belong to political parties or participate in elections.
The commission added that the timetable for party primaries complies fully with the Electoral Act and the Constitution.
The case is attracting nationwide attention because of its potential impact on political defections, party primaries, and the qualification process ahead of the 2027 general elections.
Meanwhile, reports indicate that Senator Seriake Dickson currently serves as the national leader of the NDC, while former Anambra State Governor Peter Obi has already been cleared to participate in the party’s presidential primary.
- NDC
- NAN