Court hears NDC’s suit against sections of new Electoral Act May 25

The Federal High Court in Abuja has fixed May 25 for hearing in a suit filed by Nigeria Democratic Congress (NDC), a political party, seeking an order striking down Sections 138 and 77(5) of the new Electoral Act, 2026.

The NDC, in the suit before Justice Mohammed Umar, argued that the two sections are inconsistent with the 1999 Constitution (as amended).

Justice Umar fixed the date following the non-representation of lawyer to the Attorney-General of the Federation (AGF) in court on Thursday despite being served with the originating process and hearing notice.

The NDC, which was registered by the Independent National Electoral Commission (INEC) on Feb. 5, had filed the suit marked: FHC/ABJ/CS/635/2026.

The party, in the originating summons, sued the AGF and Clerk of the National Assembly (NASS) as 1st and 2nd defendants.

It also joined Senate President and Chairman of the National Assembly, Sen. Godswill Akpabio, and INEC as 3rd to 4th defendants respectively.

When the case was called, all the parties were represented in court except the AGF, the 1st defendant in the matter.

Vincent Ottaokpukpu, who appeared for the plaintiff (NDC), informed the court that the 1st defendant was duly served but chose not to come and the lawyer’s submission was confirmed by the court registrar.

The lawyer, who said the 2nd and 3rd defendants had just served on them memorandum of appearance, said they were also in receipt of the 4th defendant’s counter affidavit and preliminary objection.

“We have responded by filing our further and better affidavit and a reply on point of law and also, a counter affidavit and a reply on point of law to their notice of preliminary objection.

“The 4th defendant also filed their reply on point of law,” he said.

Charles Iyehela, who appeared for the 2nd defendant, and B.A. Chukwuemeka, who represented the 3rd defendant, prayed the court for more time to filed their respective counter affidavits.

Alex Iziyon, SAN, on his part, said INEC had complied and replied on point of law to the plaintiff’s counter-affidavit against their preliminary objection.

In the circumstances, Justice Umar ordered all the parties to do the needful before the next adjourned date.

The judge, who ordered that hearing notice be issued and served on the AGF, adjourned the matter until May 25 for hearing of all processes.

Ottaokpukpu, who filed the suit on March 27, prayed the court to grant their reliefs.

The lawyer sought an order striking down the provisions of Section 138 for being inconsistent with the compulsory provisions of Sections 65 (2) (a), 106 (1) (c), 131 (1) (d), 177 (1) (d) and 66 (1) (i), 107 (1) (i), 137 (1) (j) and 182 (1) (j) of the 1999 Constitution (as amended).

He sought an order directing the 1st, 2nd and 3rd defendants to amend and re-enact a new provision of the Electoral Act, 2026 to restore “qualification” as a ground of challenging the return of any candidate into the seats of the House of Representatives, Senate, House of Assembly, president and governor.

He said this is in line with the provisions of Sections 65 (2) (a), 106 (1) (c), 131 (1) (d), 177 (1) (d) and 66 (1) (i), 107 (1) (i), 137 (1) (j) and 182 (1) (j) of the constitution.

Ottaokpukpu equally sought an order striking down Section 77 (5) of the Electoral Act, 2026 for being inconsistent with the provisions of Sections 40 and 65 (2) (b), 106 (1) (d), 231 (1) (c) and 177 (1) (c) of the 1999 Constitution, among others.

In the affidavit in support of the suit, Ezechi Adaobi, a litigation secretary in the law firm of V-C Ottaokpukpu & Associates, said NDC, as a stakeholder in the Nigerian electoral process, will in future elections field candidates for elections, including the office of the president.

She said the National Assembly, under the 2nd and 3rd defendants’ stewardship, had, on Feb. 18, passed the Electoral Act, 2026.

She said President Bola Tinubu, upon the recommendation of the AGF, assented to the Act of parliament on Feb. 19.

Adaobi stated that the NDC’s national legal adviser said he had read and understood all the provisions of the Electoral Act, 2022 and the new Act.

She said the legal adviser observed that Section 77(5) of the Electoral Act, 2026 provides that only members whose names are contained in the political party’s digital register transmitted to INEC, 21 days before a primary election or convention, will be eligible to participate in the primary elections.

She said this section is inconsistent with the provisions of the 1999 Constitution, which did not provide for duration which a citizen must be a member of a political party to be eligible to contest for an election.

Adaobi said from experience, members who are dissatisfied by the conduct of primaries in their respective parties usually seek refuge in other parties to enable them participate in the general elections.”

Adaobi, therefore, urged the court to grant their reliefs in the interest of justice.

But INEC, in its counter affidavit filed on April 27, disagreed with the NDC.

It argued that the constitutional and statutory roles of the 1st, 2nd and 3rd defendants are provided by the constitution and the relevant enabling statutes, and not as characterised by the plaintiff.

INEC submitted that the Electoral Act, 2026 was validly passed by the National Assembly on Feb. 18 and duly assented to by President Bola Tinubu.

It said that the National Assembly passed the Electora! Act, 2026, in accordance with the 1999 Constitution.

The commission stated that President Tinubu assented to the Electoral Act, 2026 and that the same is now law within the federation.

It stated that the provisions of Section 77 of the Electoral Act, 2026 does not infringe upon the constitutional right of any person to form, participate in, or belong to any political party.

It stated that the period allotted for the conduct of party primaries, being from April 23 to May 30 (inclusive of resolution of disputes arising therefrom), is a period of 38 clear days in strict compliance with the Electoral Act, 2026 and the constitutional framework.

INEC, therefore, averred that by its timetable, political parties have a window of not less than the period prescribed by the timetable for the conduct of party primaries

The reports that Sen. Seriake Dickson, who represents the Bayelsa West Senatorial District, is currently the NDC’s national leader.