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By Correspondent in Abuja.
The Federal High Court in Abuja has fixed May 25 for hearing in a suit filed by the Nigeria Democratic Congress (NDC) seeking to void sections of the newly enacted Electoral Act, 2026 over alleged inconsistencies with the 1999 Constitution.
Justice Mohammed Umar scheduled the hearing after counsel to the Attorney-General of the Federation (AGF), listed as the first defendant, failed to appear in court on Thursday despite being served with the originating processes and hearing notice.
The suit, marked FHC/ABJ/CS/635/2026, was instituted by the NDC, a political party registered by the Independent National Electoral Commission (INEC) on February 5, 2026.
The party is challenging Sections 138 and 77(5) of the Electoral Act, 2026, arguing that the provisions conflict with constitutional requirements relating to qualification for elective offices and political participation.
Joined as defendants in the matter are the AGF, the Clerk of the National Assembly, Senate President and Chairman of the National Assembly, Senator Godswill Akpabio, and INEC.
At the resumed proceedings, the counsel to the plaintiff, Vincent Ottaokpukpu, informed the court that the AGF had been duly served but failed to attend court.
The court registrar confirmed service of the hearing notice on the AGF.
Ottaokpukpu further told the court that the second and third defendants had only recently served their memoranda of appearance on the plaintiff, while INEC had filed a counter-affidavit and preliminary objection.
According to him, the plaintiff had responded with a further and better affidavit as well as replies on points of law against the objections raised.
The Counsel to the Clerk of the National Assembly, Charles Iyehela, and the lawyer to the Senate President, B.A. Chukwuemeka, prayed the court for more time to file their respective counter-affidavits.
INEC’s counsel, Alex Iziyon, SAN, informed the court that the electoral body had already complied by filing its response and reply on points of law.
Following submissions by counsel, Justice Umar directed all parties to regularise and file all necessary processes before the next adjourned date.
The judge also ordered that a fresh hearing notice be issued and served on the AGF before adjourning the matter until May 25 for hearing.
In the substantive suit filed on March 27, the NDC is asking the court to strike down Section 138 of the Electoral Act, 2026, contending that it is inconsistent with constitutional provisions governing qualification and disqualification for elective offices, including those of president, governor, senator and members of legislative houses.
The party also seeks an order compelling the National Assembly and relevant authorities to amend and re-enact provisions restoring “qualification” as a valid ground for challenging the return of elected candidates.
The NDC,led by Senator Seriake Dickson,further challenged Section 77(5) of the Act, which stipulates that only party members whose names appear in the digital register submitted to INEC at least 21 days before primaries or conventions are eligible to participate in such exercises.
In an affidavit supporting the suit, a litigation secretary in the law firm of V-C Ottaokpukpu & Associates, Ezechi Adaobi, argued that the provision violates constitutional guarantees on freedom of association and political participation.
Adaobi maintained that the Constitution does not prescribe any mandatory duration of party membership before a citizen can contest elections.
She noted that politicians dissatisfied with primary elections in their parties often defect to other parties ahead of general elections, insisting that the law unfairly restricts such political participation.
However, INEC, in its counter-affidavit filed on April 27, opposed the suit and defended the validity of the Electoral Act, 2026.
The commission argued that the law was validly enacted by the National Assembly and duly assented to by President Bola Tinubu in line with constitutional provisions.
INEC maintained that Section 77(5) does not infringe on any citizen’s constitutional rights to belong to or participate in political parties.
The electoral body further stated that its timetable for party primaries, scheduled between April 23 and May 30, provides political parties with adequate time to conduct their internal processes in compliance with the law.
Edited by Dada Ahmed.
