The Federal High Court, Abuja, has adjourned a suit filed by the Nigeria Democratic Congress (NDC) challenging specific provisions of the Electoral Act, 2026, to June 9, 2026, for hearing. The case could not proceed on Monday due to the absence of Justice Mohammed Umar.
The NDC, registered by the Independent National Electoral Commission (INEC) on February 5, 2026, is seeking to strike down Sections 138 and 77(5) of the Act, claiming they conflict with the 1999 Constitution (as amended). The party named the Attorney-General of the Federation (AGF), Clerk of the National Assembly (NASS), Senate President Godswill Akpabio, and INEC as defendants.
The suit, filed under case number FHC/ABJ/CS/635/2026, argues that Section 138 removes “qualification” as a ground to challenge the election of candidates to key offices, including the presidency, governorship, Senate, and House of Representatives. Section 77(5) is challenged for restricting participation in party primaries to members listed in digital registers 21 days prior to the primaries, which NDC says violates citizens’ constitutional rights.
NDC’s legal team, led by Vincent Ottaokpukpu, stated that the provisions undermine political participation by preventing members from changing parties in case of dissatisfaction with internal primaries. Supporting affidavits cited the party’s intention to field candidates for future elections, including the presidency.
INEC, in its counter-affidavit, argued that the Electoral Act, 2026 was validly passed by the National Assembly on February 18 and assented to by President Bola Tinubu on February 19. The commission asserted that Section 77(5) aligns with the constitutional framework and does not infringe on the rights of citizens to participate in political parties. INEC also clarified that political parties have at least 38 days to conduct primaries, allowing sufficient time for compliance.
Currently, Senator Seriake Dickson, representing Bayelsa West Senatorial District, serves as NDC’s national leader, while former Governor Peter Obi of Anambra State has been cleared to contest in the party’s presidential primaries.
The court is expected to resume hearing the case on June 9, 2026.
