The Federal High Court in Abuja has fixed July 20, 2026 for judgment in a suit filed by the Nigeria Democratic Congress (NDC) challenging key provisions of the Electoral Act, 2026.
The case, heard before Justice Mohammed Umar, questions the constitutionality of Sections 138 and 77(5) of the new electoral law.
The court arrived at the decision after lawyers representing all parties adopted their final arguments.
The NDC is asking the court to nullify Sections 138 and 77(5), arguing that they conflict with several provisions of the 1999 Constitution (as amended).
The party claims Section 77(5), which restricts participation in party primaries to members whose names are submitted to INEC within a specified timeline, violates citizens’ political rights.
It also argues that Section 138 unlawfully limits constitutional grounds for challenging electoral outcomes.
The suit, marked FHC/ABJ/CS/635/2026, was filed by the party after its registration by the Independent National Electoral Commission (INEC) in February 2026.
The case names the Attorney-General of the Federation, Clerk of the National Assembly, Senate President Godswill Akpabio, and INEC as defendants.
INEC, represented by Chief F.O. Izinyon, SAN, urged the court to dismiss the case, arguing that it is a pre-election matter filed outside the statutory time limit.
The commission maintained that the Electoral Act was properly enacted and does not violate constitutional provisions.
INEC further argued that the law strengthens electoral processes and maintains party discipline in candidate selection.
The Attorney-General of the Federation, through counsel Japhet Opawale, insisted that the Electoral Act is consistent with the Constitution.
He argued that the disputed sections do not remove or weaken constitutional qualifications for elective offices.
According to him, the law was designed to support transparency and prevent abuse of party structures during primaries.
The Clerk of the National Assembly, represented by Charles Yoila, also told the court that the law was duly passed and properly assented to by President Bola Tinubu.
He described the suit as an attempt to interfere with legislative authority.
Counsel to Sen. Godswill Akpabio, George Itodo, also urged the court to dismiss the suit, describing it as lacking merit.
He maintained that the Electoral Act operates within constitutional boundaries and does not infringe on political rights.
While the NDC insisted that the provisions violate constitutional guarantees, the defendants argued that the law merely regulates party operations and strengthens the electoral process.
INEC also raised a preliminary objection, insisting the court lacks jurisdiction due to time limitations.
After hearing all submissions, Justice Umar adjourned the matter to July 20, 2026, for judgment.
