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By Correspondent in Abuja.
The Nigeria Democratic Congress (NDC) has approached the Federal High Court in Abuja, seeking to invalidate key provisions of the newly enacted Electoral Act 2026, which it described as inconsistent with the 1999 Constitution (as amended).
In the suit marked FHC/ABJ/CS/635/2026.
The opposition party is also asking the court to strike down Sections 138 and 77(5) of the Electoral Act, arguing that they undermine constitutional guarantees governing elections and political participation in Nigeria.
The NDC, through its counsel, Vincent Ottaokpukpu, is urging Justice Mohammed Umar to declare Section 138 of the Act unconstitutional for excluding “qualification” as a ground for challenging the return of candidates in elections into elective offices, including the Presidency, Senate, House of Representatives, governorship, and state assemblies.
The party contends that the exclusion contradicts several provisions of the 1999 Constitution, which outline minimum qualifications for elective positions, seeking an order restoring qualification as a valid basis for election petitions.
The suit also challenges Section 77(5) of the Electoral Act 2026, which restricts participation in party primaries to members whose names appear in a political party’s digital register submitted to the Independent National Electoral Commission (INEC) at least 21 days before such primaries.
According to the NDC, the provision unlawfully limits citizens’ constitutional rights to political association and participation, arguing that the Constitution does not impose any duration of party membership as a condition for contesting elections.
In an affidavit supporting the suit, Ezechi Adaobi, a litigation secretary in the law firm of V-C Ottaokpukpu & Associates, stated that the party, as a stakeholder in Nigeria’s democratic process, intends to present candidates in future elections, including the presidential race.
She further noted that while the Electoral Act 2026 was passed by the National Assembly on February 18 and signed into law by President Bola Tinubu on February 19, certain provisions marked a departure from previous electoral laws, particularly on grounds for election petitions and party participation.
The affidavit also revealed that the party’s legal adviser expressed surprise at what he described as the removal of qualification-related grounds for contesting election results, a feature that had existed in previous electoral laws.
Our correspondent reports that at the resumed hearing on Thursday, the counsel to INEC, Chief Alex Iziyon (SAN), was present in court, while no legal representatives appeared for the Attorney-General of the Federation, the Clerk of the National Assembly, and Senate President Godswill Akpabio, despite evidence of service.
Ottaokpukpu informed the court that the absent defendants were still within the statutory period to respond and requested an adjournment, which was granted by Justice Mohammed Umar.
The matter was adjourned to May 7, 2026, for hearing.
