Court fixes May 25 for hearing in NDC’s suit against sections of new Electoral Act

The Federal High Court, Abuja Division, has fixed May 25 for hearing in a suit filed by the Nigeria Democratic Congress, 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).

Mr Umar fixed the date following the lawyer’s non-appearance before the attorney general of the federation 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 on February 5, had filed the suit marked FHC/ABJ/CS/635/2026.

The party, in the originating summons, sued the AGF and the clerk of the National Assembly as first and second defendants. It also joined the Senate president and chairman of the National Assembly, Godswill Akpabio, and INEC as third and fourth 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 first 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 second and third defendants had just been served with a memorandum of appearance, said they were also in receipt of the fourth 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 fourth defendant also filed their reply on point of law,” he said.

Charles Iyehela, who appeared for the second defendant, and B.A. Chukwuemeka, who represented the third defendant, prayed the court for more time to file their respective counter-affidavits. Alex Iziyon said INEC had complied and replied on point of law to the plaintiff’s counter-affidavit against their preliminary objection.

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

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

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

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.

Mr 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 at 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 the office of the president.

Ms Adaobi said the National Assembly, under the second and third defendants’ stewardship, had, on February 18, passed the Electoral Act, 2026. She said that President Bola Tinubu, upon the recommendation of the AGF, assented to the Act of Parliament on February 19.

Ms 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 a duration during which a citizen must be a member of a political party to be eligible to contest for an election.

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

Ms Adaobi therefore urged the court to grant the 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 first, second, and third 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 February 18 and duly assented to by Mr Tinubu. It said that the National Assembly passed the Electoral Act, 2026, in accordance with the 1999 Constitution.

The commission stated that Mr 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, do 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.

Seriake Dickson, who represents the Bayelsa West senatorial district, is the NDC’s national leader.